E/CN.4/2004/56/Add.2
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in or relation with an armed group, terrorists or rebels. This extension shall in all cases be
requested within the initial 48 hours of police detention and be authorized by a competent judge
within the following 24 hours. Therefore, individuals suspected of these crimes may be held in
police custody for up to five days. Article 520 bis (2) of CCP further provides that a judge may
authorize that the police detention of these individuals be incommunicado.
18.
In accordance with the law, following the police detention, once the criminal procedures
are initiated and before the competent court issues a verdict, the judge may order that a detainee
be placed in prisión provisional. This procedure is regulated by CCP as recently amended by
Organic Law 15/2003 of 25 November 2003. According to its new article 509, upon judicial
authorization, individuals detained on suspicion of the crimes listed in article 384 bis of CCP as
well as those detained in relation to other crimes committed by common accord with and in an
organized manner by two or more individuals may be held in incommunicado detention for up to
another five days in prisión provisional. It is the Special Rapporteur’s understanding that this
category of detainees may therefore be kept incommunicado for up to 10 consecutive days (5 in
police custody and 5 in prisión provisional). In addition, under new article 509 of CCP, the
competent judicial authority may order another incommunicado detention, which cannot be
longer than three days.
19.
The Special Rapporteur notes that new article 509 includes in the category of individuals
who may be subjected to incommunicado detention in prisión provisional individuals detained in
relation to “other crimes committed by common accord and in an organized manner by two or
more individuals”.
20.
Pursuant to article 527 of CCP, individuals in incommunicado detention are barred from
enjoying the following rights: access to facilities or activities consistent with the nature of their
detention; visits from a religious minister, a doctor, relatives or advisers; correspondence and
communication; freedom from exceptional security measures; access to a lawyer of their own
choice; notification of the fact of their detention and the place in which they are being held to
their relatives; and private consultation with their lawyers upon completion of the procedures in
which the lawyers have intervened.
21.
It appears from article 510 of CCP as amended by Organic Laws 13/2003 and 15/2003,
that incommunicado detainees in prisión provisional would be placed in a less strict isolation
regime than when in police detention. In addition, as mentioned below, the recent amendment of
CCP through Organic Law 15/2003 states that, if they so request, incommunicado detainees may
be examined by a second forensic doctor.
Protocol for the coordination of assistance to individuals held in incommunicado
detention (2003)9
22.
In 2003 the Department of the Interior of the Basque Government, in consultation with
the Department of Justice, Labour and Social Security and the Department of Health of the
Basque Government, adopted a number of additional safeguards, known as the Protocol, to be
applied by the Ertzaintza (Autonomous Basque) police in regard to individuals in
incommunicado detention. It deals with the coordination of activities of the Basque police, the
Basque health service and the Basque forensic institute for detainees. Additional safeguards
include tighter medical checks of the condition of detainees, including the introduction of