Short-term deprivation of liberty
A page from the Detainee
Registration and Custody
Log at the Central Registry
Photo 4
of Detainees in Madrid
Exceptionally in regard to these two forces, logs were found to be properly completed on the inspection visits made to the CNP district station in Almería and
the GC headquarters in Cuenca. At the latter establishment the custody files on
detainees admitted directly and those on detainees transferred from other GC
establishments in the province were all found to be properly completed, and to
include records of all incidents of any kind during custody. Failure to keep logs
properly was also observed at the local police station in Algete (Madrid), and was
duly reported to those in charge for correction. At the time of writing of this report, their reply is still pending. Finally, it is considered advisable that a photocopy of the file showing the chain of custody be made whenever persons detained
by the GC are held at local police establishments, so that any incidents during the
custody and transfer of those detainees can be recorded.
Exceptionally, logs were
found to be properly kept
at the CNP district station
in Almería and the GC HQ
in Cuenca
Similar failings were observed to be widespread as regards the logs required under SES Instruction 7/2005. A case in point is the Central Registry of Detainees
in Madrid, where the telephone message log was examined and found to record
only around 10 calls per month, an unlikely figure for an establishment that handles so many calls and arrangements. Several cases were also found of telephone
messages detailing care provided for detainees by SAMUR when the Detainee
Registration and Custody Log contained no record of such care.
Moreover, it has been observed that no log of any kind is kept of how many people
are admitted each day to the holding cells in courthouses to await appearances in
court. The Ombudsman considers that all courthouses with cells should have a
register where they log all the detainees who come through the establishment
under the auspices of a judicial body, and that it should be obligatory for that log
to be kept up by the officers of the various police and security forces who transfer
persons deprived of their liberty to the said establishments.
THE OMBUDSMAN OF SPAIN
A log must be kept of all
detainees and inmates who
come through courthouse
holding cells each day
67
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