Short-term deprivation of liberty
antidiabetics), since the officers refused to administer it without a medical
prescription. The detainee was transferred to hospital, subsequently being
returned to their cell with the medical report and the pharmacological
guidelines to be followed.
10. One of the most frequent shortcomings in these types of facilities is
having an incomplete Record and Custody Book, specifically with regard to the dates of custody. In many of the facilities visited (example cases are the National Police Force Stations in Valladolid, Alcalá de Henares
(Madrid), Calatayud (Zaragoza), Cuenca, Málaga and Melilla, or the Civil
Guard (Spanish acronym GC) Command Headquarters in Albacete, Segovia, Soria, Xátiva (Valencia), Las Rozas-Majadahonda (Madrid), etc.) not
all the events which take place with regard to detainees are noted in the
custody pages of the Book (such as frisks carried out, visits with the lawyer, food offered, etc.). The purpose of the custody record is to know at any
time who is guarding the detainee, everything that the detainee has done
and the procedures which have been followed throughout the process of
deprivation of liberty. It is therefore essential that the Book is duly completed. The Suggestions put together for better completing the Register and
Custody Books have been accepted and, as such, ISES 12/2015 insists on
this matter by making reference to Instruction 12/2009 of the Secretary of
State for Security, which regulates the Detainee Record and Custody
Book.
Incomplete Record Book
§85-86 AR 2014
Incomplete custody sheets (not all meals have been noted, for example)
11. In general terms, with regard to the facilities visited, up to the end
of 2015 an appropriate application of the provisions and legal safeguards
brought together in article 520 of the current Criminal Procedure Act was
observed, with detainees almost always being informed, in writing, of their
rights. However, the NPM has continued to recommend that detainees be
specifically informed in writing of their right to request a writ of habeas
corpus. Although in some facilities, such as the CNP Station in Calatayud
(Zaragoza) or the Police Headquarters for Western Andalusia (Seville),
this information is provided in writing, in many of the facilities visited the
reading material about the detainee’s rights does not include the information written about this matter, and in some instances is not provided verbally
Information about habeas corpus
§476 AR 2010
§78 AR 2014
33
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