Annual Report 2015 - Spain’s National Preventive Mechanism
– The date and time of the committal and of its notification to the judicial authority,
informing the person affected that the facility is obliged to notify said authority of
the committal as soon as possible and, where appropriate, within 24 hours, and
that the necessary judicial approval must take place within a maximum period
of 72 hours from the time at which the committal is notified to the court.
– The cause of the committal and why it was brought about, indicating the need for
and proportionality of the measure, as well as the criteria applied to the permanent
review of their situation, without detriment to the therapeutic privilege of the
medical staff.
– Their rights under article 763 of the Civil Procedure Act (the right to representation
and defence, the right to be heard before a judge, the right to request a hearing
with another person whom they deem appropriate, the right to request the opinion
of a physician of their choice, the right to appeal the decision of the court with
respect to their committal, and the right to request a writ of habeas corpus on their
own behalf or through their legal representative or relatives).
Said document must be signed by the person affected by the measure, indicating
that the information stated has been explained and properly understood, as well as
by the professionals in the facility who have provided the information. The person
affected must retain a copy of said document.
Recommendation of March 26th 2015.
To urge the residential facilities in that autonomous community that following
the 72 hr period during which the judicial authority must decide, and provided that
authorisation of the measure has not been given, there is no legal basis for keeping
the person affected forcefully detained. Such a situation should be notified to the
competent judicial authority, the Public Prosecutor and, where appropriate, their
legal representative. In this situation, if the detainee states their wish to leave the
facility they may do so after signing a voluntary discharge form.
ACCEPTED
Recommendation of March 26th 2015.
To urge the residential facilities in that autonomous community that psychiatric
reports be referred at least every 6 months to the competent judicial authority for
their assessment of whether or not the committal should be continued. In addition,
it should be remembered that in order to fully respect the safeguards around
committed persons, said periodic medical reports should be detailed and kept up
to date in line with that highlighted in paragraph 174 of the Annual Report 2012 on
Spain’s National Preventive Mechanism against Torture.
ACCEPTED
Recommendation of March 26th 2015.
To issue instructions to the residential facilities in that autonomous community that
injury report forms be established and adapted to the Recommendations of the
Ombudsman reflected in the study of Injury reports on people deprived of their
liberty, and which should be completed and referred to the competent judicial
authority in accordance with said study.
RECOMMENDATION MADE TO THE SECRETARY
OF STATE FOR JUSTICE
ACCEPTED
STATUS
Recommendation of March 26th 2015.
To develop, as quickly as possible, a project under organic law which regulates the
committals carried out under civil legislation.
104
PARTIALLY ACCEPTED
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