Medium-term deprivation of liberty
access to their mobile telephones, once such security measures as may be deemed
convenient are adopted; and the searching of cells and detainees, including specific mention of who is authorised to order such searches, written records of them
and the submitting of reports to the immediate superior of the person in charge
of the EDM for purposes of supervision and control. Accordingly, a recommendation was sent to the Ministry of Defence for amendments to be introduced into
Ministerial Order 97/1993 of September 30, as per the procedures envisaged in
Ministerial Order 105/2002 of May 22 regulating the setting up of regulations
under the authority of the Ministry of Defence, and in Instruction 116/2002 of
May 30 issued by the Undersecretary of Defence, along the lines mentioned by
the Ombudsman in paragraphs 300, 301 and 305 of the Annual Report 2010. The
said recommendation also proposed that the Ministry of Defence set up a single
body to coordinate all EDMs, so that common procedures for action and regulations can be issued, consistency can be assured in the provision of technical, material and human resources and there are no substantial differences in the conditions of detention and the regime for arrests for serious offences. The reply
received from the Undersecretary of Defence states that a report has been requested from the general staffs of the three branches of the armed forces so that
a decision can be made concerning the amendment of the said Ministerial Order
as requested.
In spite of the recommendations that the use of mobile telephones be permitted,
on the inspection visits to the EDM at San Cris tóbal de La Laguna (Santa Cruz
de Tenerife) the officer in charge stated that their use was authorised only on
some occasions. This was corroborated by the two detainees confined in the centre at that time, who said that calls had to be made from the wardens’ recreation
room and that mobile phones had to be switched off and handed back at the end
of each call.
109. The video-surveillance cover and equipment at EDMs is still insufficient.
Evidence of this was found on the two inspection visits made this year to the
centres in Las Palmas de Gran Canaria (Las Palmas) and San Cristóbal de La
Laguna (Santa Cruz de Tenerife), where there was no video-surveillance inside
the premises. A recommendation was therefore issued that technical studies be
conducted as necessary and funding be allocated for projects to extend videosurveillance to all areas where persons deprived of their liberty may be held except bathrooms and bedrooms, in line with the criterion laid down in paragraphs
293 and 477 of the Annual Report 2010, and that new recording equipment
should include audio. The Undersecretary for Defence reports that this criterion
will be taken into account but that equipment will be installed when funding
becomes available.
Video-surveillance cover
110. The Ministry of Defence makes no provision for supplying toiletries to detainees whose full monthly income is maintained. This was observed on both the
visits made in this year, in spite of the fact that this this Office advised in para-
A recommendation has
THE OMBUDSMAN OF SPAIN
and equipment is still
insufficient.
been issued that sufficient
funding be authorised to
131
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