Short-term deprivation of liberty
situations of deprivation of liberty. Therefore, at the end of the inspection visits
made this year this point was put once again to the competent authorities. In this
regard, the DGP reports that it is studying the possibility of introducing a new
form that includes notice of this right. In some of the interviews with detainees it
was learned that this information had not been provided or the right had been
refused, e.g. in the case of a detainee at the Central Registry of Detainees in Madrid who stated that “at the police station [he did not say which one] they treated
me badly at first. I asked for habeas corpus and they wouldn’t let me write the
application”. One of the 5 detainees interviewed during the visit to the CNP district station in Almería also stated “I asked to file habeas corpus proceedings but
they took no notice”. This information was passed on to the custodial officers,
who denied that the detainee had already made such a request and proceeded to
process it forthwith. Finally, of all the CNP and GC establishments inspected in
2011 the following stand out: the CNP district station in Albacete, where 19 habeas corpus proceedings were filed in the course of the year, and the GC barracks
in Arguineguín (Las Palmas), where there were 14. This right was little used at
other establishments.
The DGP is considering the
Also in regard to the rights of detainees, reminders were given that persons who
arrive at the Spanish coast illegally by boat and are admitted to the CNP-run
Centre for Primary Assistance and Detention of Foreign Nationals in the port of
Almería or to the holding cells at the Provincial Police Station must be provided
with the information leaflet on international protection. The DGP reports that
these leaflets have been ordered in sufficient numbers to ensure that they can be
handed over to all detainees, and that up to November 23, 2011 a total of 59 people attempting illegal entry by boat had been intercepted in Almería.
Reminders were given that
48. The situation as regards healthcare for detainees has not changed from that
recorded in paragraphs 58 and 105 and elsewhere in the Annual Report 2010.
Detainees are normally taken to see a doctor on request, as was observed during
the inspection visit at the CNP district station in Huelva, when one of the detainees being interviewed asked for medical attention. The request was met immediately by the officers on duty in the holding cells. Another detainee, interviewed at
the Regional Police headquarters for Andalusia in Granada, complained of stomach pains and stated that he had been seen by a doctor, who had diagnosed the
problem as caused by the nervous state brought on by his arrest. Complaints were
also received concerning medical attention, e.g. by a detainee at the Central District station in Madrid, who stated during the interview that he had asked to
continue his methadone treatment but his request had been ignored. At the Central Registry of Detainees in Madrid two people complained in regard to this
right: one stated that at the police station where he had been held (he did not
identify it by name) he was at first not given medical attention: “I asked for a doctor but I had to wait until my lawyer arrived before I saw one”. The other stated
that force had been used on her arrest and that on being informed of her rights
she had asked to be seen by a doctor, after which she was taken to a medical facil-
The situation as regards
THE OMBUDSMAN OF SPAIN
possibility of introducing a
new form in this regard.
Some interviewees stated
that this information had
not been provided or that
the right had been denied
an information leaflet on
international protection
must be handed over to
persons who attempt to
enter Spain illegally by boat
healthcare is identical to
that reported in 2010.
Detainees normally receive
medical attention on
request
61
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