Annual Report 2015 - Spain’s National Preventive Mechanism
Unnecessary use of
restraint measures in the
Marcelo Nessi CMI
§252 and 262 AR 2014
74. Significant shortcomings were observed in particular during the visit
to the Marcelo Nessi CMI. Whilst playing back footage of the use of restraining measures (physical and mechanical restraint, use of rubber baton
and provisional isolation) on two inmates, unnecessary use of the baton
was observed. This was brought to the attention of the Public Prosecutor,
and a Suggestion was brought forward to the Department of Health and
Social Policy of the Government of Extremadura that they communicate
the necessary instructions to security personnel to ensure that the use of
force in conflict management is rational and proportionate, avoiding use of
the baton except in exceptional cases of extreme aggression. The Suggestion has been accepted.
Furthermore, following this visit it was necessary to remind the facility that
all methods of restraint used on inmates must be communicated to the juvenile court judge and public prosecutor, and that whilst a group separation
measure is in force, or in the case of temporary isolation of more than one
day, minors must have access to a minimum of two hours of outdoor time,
with any refusal of this access documented with the signature of the inmate.
Security guards
75. In the Marcelo Nessi CMI, the NPM observed that the security
guards had a certain power and authority over the staff. As a result, the
Administration was reminded that the Regulation of Organic Law 5/2000
on the Criminal Liability of Minors, approved by Royal Decree 1774/2004
of July 30th, establishes that surveillance and security within the facilities
is the responsibility of the staff members, without prejudice to the fact that
the corresponding public entity may require the services of specialist personnel with regard to security and support for the actions of said staff
members.
In contrast, the assessment of minors by the security personnel at the Las
Moreras CMI stood out positively. In addition, it was observed that they do
not wear security uniforms (favouring a more educational and less aggressive environment), that they facilitated the tasks carried out by educators
and that they minimised the need for high impact interventions.
Soldering workshop and kitchen in the Virgen de Valvanera CMI (La Rioja)
66
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