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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