5. During 2015, 34 short-term deprivation of liberty facilities were visited.
Specifically, 13 police stations and short-term custody facilities of the National Police Force, 12 Civil Guard posts, 4 Local Police stations, 2 stations
of the Autonomous Police [Mossos d´Esquadra (Catalan police) in Lleida
and Ertzaintza (Basque police) in Vitoria-Gasteiz], one Hospital Custody
Unit (Cuenca), one visit to a courthouse jail facility (Melilla) and one visit to
the asylum and return facility for Terminals 1 and 4 of Adolfo Suárez
Madrid-Barajas Airport. 7 of the 34 visits involved the participation of members of the Advisory Council and 5 involved the participation of regional
commissioners.
Visits made
6. Although the duration of liberty deprivation in these types of facilities is
short (roughly 24h on average), their compliance with the established requirements must be guaranteed in order that persons deprived of liberty
who are held there are treated properly and held under appropriate conditions.
7. The changes introduced by regulatory instruments approved during 2015 which affect legal safeguards in relation to detainees, as
well as the conditions of their detention, should be highlighted.
Regulatory changes
Organic Law 13/2015 of October 5th, modifying the Criminal Procedure
Act to strengthen legal safeguards and regulate technological methods of
investigation, includes significant advances which affect relevant matters,
such as:
Criminal Procedure Act (LEC)
——
The obligation to inform the detained person in writing of the
recognised facts, the reasons for detention and their rights.
——
Recognition of the right to access the necessary channels of
action in order to refute the legality of the detention.
——
The right to communicate by telephone with a person of their
choosing, and to be visited by and communicate with the consular authorities of their country.
——
The right to be informed of the maximum legal period of detention and the possibility of requesting a writ of habeas corpus.
——
Referring detained minors to the children’s departments of the
State Attorney’s office.
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