Annual report 2011: Spain’s National Preventive Mechanism
In general the detainees
interviewed did not
complain about the
searches conducted
It was again observed that
Detainee Registration and
Custody Logs failed to
record full body searches
conducted
Detainees should not be
taken to the cells via the
main door of the
establishment
The GC report that the
criterion set out by the
Ombudsman has been
taken into account in newly
built facilities
68
55. On the inspection visits made, detainees were asked about the searches to
which they had been subjected. In general, they had no complaints in this regard. For example a female detainee reported that the search at the Central District police station in Madrid had been correctly conducted by a female officer in
the toilet area of the cell. However on other visits it was observed once again that
full body searches were not always logged in the Detainee Registration and Custody Log with specific details of the reasons for such searches and confirmation
that the judicial authorities had been informed as part of the procedural case
file, as per the criteria set out in paragraphs 66 and 114 and elsewhere in the Annual Report 2010. One detainee at the CNP Chamberí District police station
stated that he had been subjected to a superficial search “but then they told me
to drop my trousers and crouch down”. In this regard the CNP reports that instructions have been issued to district stations and regional police headquarters
for this shortcoming observed during the inspection of its establishments to be
corrected.
56. As indicated in paragraphs 46, 95 and 466, among others, of the Annual
Report 2010, taking detainees to the cells via the main door of an establishment,
via common areas used for services to the general public, has implications from
the point of view of both security and the exposure to view of detainees, who although they have been deprived of their liberty still maintain their fundamental
rights to their honour and their image. In 2011 this shortcoming was observed at
several Civil Guard establishments and at the courthouses in Albacete, Ayamonte (province of Huelva) and the city of Huelva itself. The GC report that this criterion has been taken into account in newly constructed establishments, but that
reforming all their facilities is financially unviable, given that the force has 571
facilities with holding cells and it would cost a great deal of money to implement
such reforms. However, on the inspection visit to the barracks at Arguineguín
(Las Palmas) it was observed that following the criterion expressed by the Ombudsman on the first visit to the establishment new cells had been built which
were accessible directly from the outside. The Department of Governance and
Justice of the Regional Government of Andalusia reports that it is looking into
the possibility of correcting this shortcoming at the courthouse buildings in Ayamonte (Huelva) and the courthouse complex in Huelva city. The DGP reports
that instructions have been issued to officers stationed at the courthouse complex
in Albacete to ensure that detainees are taken into the building via the garage
rather than the main entrance.
THE OMBUDSMAN OF SPAIN
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents