Short-term deprivation of liberty
courthouse complex in Castellón, it was found that there were no audio call systems, so communication between detainees and custodial officers was not assured. The CNP reports that in general it is studying the possibility of there being
a buzzer in each cell that can be pressed by each detainee. The same response was
obtained from the Department of Justice & Social Welfare [Consejería de Justicia
y Bienestar Social] of the Regional Government of Valencia in regard to the courthouse complex in Castellón and from the Department of Governance and Justice
of the Regional Government of Andalusia in regard to the courthouse in Ayamonte (Huelva).
42. At some establishments visited although there were video-surveillance systems in cells and/or buzzers for calling custodial staff there was not always anyone stationed in the holding area when the cells were occupied. This is a potential
source of risk in situations where immediate assistance from staff is needed, as
pointed out in paragraph 104 of the Annual Report 2010. This same shortcoming
continued to be observed on the inspection visits made this year to the local police stations in Berja (Almería), La Carolina (Jaén) and Sueca (Valencia), and in
GC establishments in general. At CNP establishments (where it was observed less
frequently) this shortcoming was made known to the relevant authorities, which
have subsequently reported that instructions have been issued to implement the
criteria laid down by the Ombudsman. For its part, the Civil Guard authorities
report that they do not have enough personnel in general to station an officer
permanently in the cell area when there are detainees, and officers have numerous tasks to fulfil and must respond to continual calls from the public. However,
it has been indicated that when video-surveillance and buzzer systems are considered insufficient the stationing of an officer in the cell area will be considered.
There should be officers
43. The documents examined and the interviews held with detainees reveal no
cases of failure to observe the obligation to read detainees their rights as per Article 520 of the LECrim on the part of the officers at any of the establishments
visited.
The obligation to read
stationed permanently in
cell areas when videosurveillance and buzzer
systems are insufficient
detainees their rights
(Art. 520 LECrim) is seen to
be met
Specifically in regard to the provisions of the said Article 520 requiring detainees
to be informed of the reasons for their arrest, one of the detainees at the Mossos
d’Esquadra station in Girona reported that he had been informed that he had
been detained in compliance with a court order, but had not been given a specific
reason. Detainees at other establishments reported that they were aware of the
reasons for their arrest (“for gender violence”, “for larceny”, “for being in Spain
illegally”) and made no complaints in this regard.
44. In regard to how quickly the various rights acknowledged in the said Article
520 are assured, with particular reference to the provision of legal counsel for
detainees, the information provided by the officers in charge of the establishments inspected and the examination of the log books held there reveal that in
the vast majority of establishments requests for legal counsel are met when a
statement is to be taken from the detainee or, as relevant, when detainees are to
THE OMBUDSMAN OF SPAIN
Access to legal counsel in
the period immediately
following the
commencement of
deprivation of liberty is a
basic right of detainees
59
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