Annual report 2011: Spain’s National Preventive Mechanism
Gun cabinet at the Mossos
d’Esquadra station
Photo 3
in Girona
As in 2010, it was found
that the Detainee
Registration and Custody
Log was not being properly
kept up at CNP and GC
establishments
66
54. It was again found that the Detainee Registration and Custody Log was not
being properly filled in at the establishments of the CNP and the GC, so a written
notification was sent to the heads of both forces requesting that a reminder be
issued of the obligation to comply with SES Instruction 12/2009, which establishes that the said log must be used to note down all incidents in regard to detainees, along with any significant incidents as noted in paragraphs 71 and 116
and elsewhere in the Annual Report 2010. At the presentation of the said report
the SPT specifically mentioned completion of this log as a good practice. On the
second inspection visit to the Central Registry of Detainees in Madrid it was observed that the shortcomings recorded in 2010 in regard to completion of the
Detainee Registration and Custody Log had not been corrected. The log was seen
to be completed in a perfunctory manner with little relation to actual events, and
custody data were not being filled in diligently and correctly. This may give rise
to the undesirable situation of all the steps in the chain of custody of each detainee not being known. Given the large throughput of detainees at the Central
Register of Detainees (an average of between 50 and 100 per day) it would be advisable for the said log to be computerised. A similar failure to keep up the custody log properly was observed on the inspection visit to the GC barracks in
Bollullos Par del Condado (Huelva). When a detainee was asked questions concerning the conditions under which he was being held, data were obtained that
should have been recorded in the custody log but had not been.
THE OMBUDSMAN OF SPAIN
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