Long-term deprivation of liberty
72. The implementation of the disciplinary regime is examined during
visits. As a result, various suggestions were put forward to the competent
administrations (these had still not been responded to at the date of finalising this report), such that the successive use of more than one
group-separation measure should not exceed the maximum period of 7
days and, where exceeded, that the inmate should be able to leave the
room for a minimum period of 12 hours. In addition, inmates who have
been separated from the group should have access to two hours of outdoor time to be arranged flexibly (Marcelo Nessi and Sograndio CMI). The
Suggestions have been accepted.
Implementation of
disciplinary regime
§249, 252 and 253 AR 2014
In the Las Moreras CMI it was observed that the results of disciplinary proceedings due to serious or very serious incidents, through which the
group-separation measure is imposed, are not communicated to the
lawyers acting on behalf of detained minors. The conclusion has been
accepted and measures taken as a result.
Library in the Las Moreras CMI (Murcia)
73. Various shortcomings have been picked up in the use of restraint
measures. In the Las Moreras CMI the temporary isolation of a minor is
not considered a restraint method. A Suggestion was therefore put forward
which has been accepted. In the Virgen de Valvanera CMI temporary isolation is not recorded as such, justified by the decision to initiate the disciplinary report in which provisional separation is agreed a posteriori. This
way of proceeding means that the use of temporary isolation as a restraint
measure does not require authorisation by the director or immediate communication in the case of emergency, nor communication to the juvenile
court judge of the adoption and termination of the measure, nor of the
motives and reasons for keeping a minor in isolation. In the Sograndio
CMI, restraint measures are carried out by security personnel in the absence of an educator. The competent administrations have accepted the
NPM criteria.
Shortcomings in the use of
restraint measures
§153 AR 2012
§254 AR 2014
65
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