Short-term deprivation of liberty
13. Likewise, in many of the facilities visited, and GC facilities especially, the video surveillance systems do not allow recording of images,
which hinders proper internal or legal investigation in the event of any
accident which requires image extraction in order clarify the facts. In this
respect, the Administration has announced that, following the Recommendations of this institution, it is planned that all video surveillance systems in both Directorate-General of Police (Spanish acronym DGP) and
GC facilities will allow image recording and that these images will be
stored for a reasonable period of time.
Recording of images
§477 AR 2010
§79 AR 2014
14. In some of the facilities visited (GC in Albacete, Sevilla, Xátiva, Las
Rozas-Majadahonda, Málaga and Vigo, police stations in Xátiva and local police in Calatayud and Xátiva) there is no constant presence of
custody officers in the cell area. This could pose a risk in the event of
a situation which requires the immediate support of the officers, even
though the detainees have call systems, which would be especially serious in cases where there is no video surveillance in the cell area or in the
interior of the cells. This is the case, for example, in the GC Command
Headquarters in Rozas-Majadahonda, where there is no visual control of
the cell area, since the cells are not equipped with cameras and the officers are usually on a different floor.
Constant presence of officers
in the cell zone
§84 AR 2014
15. During the examination of documentation it was determined that, in
the majority of the facilities visited, when the health services provide
medical assistance to a detainee, a photocopy of the physician’s report is attached to the police documentation, which details the medical history of the detainee including information of a personal nature
which affects their right to privacy. As has been stated in previous reports, the NPM understands that the medical reports must only be submitted to the interested party and that, where appropriate, the treatment
to be administered and the possible measures to be taken in the case of
infectious diseases must be recorded on a separate sheet. All of the Suggestions issued to the Administration in relation to this point have been
accepted.
Medical reports
§77 AR 2014
16. The Recommendations put together by this institution as a result of
the study of Injury reports on people deprived of their liberty in 2014
should also be recalled. Said Recommendations insist that, where injuries are detected during a medical visit, the injury report must also be
submitted directly to the interested party, to the magistrate’s court
and, where appropriate, to the court which controls the deprivation
of liberty. It may only be handed to persons who guard the detainee in a
sealed, stamped envelope which is appropriately addressed to the judicial authority, unless: it is duly authorised that obtaining the information is
necessary for the prevention of a real and serious public security risk or
for the control of criminal offences, and is absolutely necessary for the
purposes of a specific investigation; there is a specific massive data request which is not supported by that mentioned above; the request is
carried out with due motivation, confirming its relevance to the assumptions that have been set forth; and that in compliance with article 22.4 of
Injury reports
§22 AR 2012
§77 AR 2014
35
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