Annual report 2011: Spain’s National Preventive Mechanism
Graphic 3. Geographical location of the detention centres for foreign
nationals visited in 2011
Valencia
1
Santa Cruz
de Tenerife
1
1
Las Palmas de Gran Canaria
No specific confinement
regime for foreign
nationals has yet been
drawn up.
In response to the criterion
laid down by the
Ombudsman, the role of
police officers at CIEs
should be limited to
security only.
112
79. As indicated in paragraph 250 of the Annual Report 2010, Royal Decree
557/2011, which approved new regulations for the implementation of Public General Act [Ley Orgánica] 4/2000, devotes one of its articles to CIEs (Art. 258). Subsection 8 of that article envisages specific regulations to govern the confinement
regime for foreign nationals pursuant to Additional Provision Three of Public
General Act 2/2009 of December 11, which amended Act 4/2000. More than two
years have elapsed since the entry into force of Act 2/2009, but at the time of writing this report no such specific regulations governing the confinement of foreign
nationals have yet been drawn up. The instrument drawn up should have the
rank of a major regulation, as it may come to govern the exercise of fundamental
rights. In this regard it must be said that the Minister of the Interior stated in
January 2012 during an appearance before the Committee of the Interior [Comisión de Interior] of the lower house of the Spanish Parliament that his department was to proceed to draw up the said regulations.
80. At the said appearance the Minister explained that, in line with the recommendations made by the Ombudsman and the criterion laid down in paragraph
253 of the Annual Report 2010, a management model was to be drawn up in
which the role of police officers would be curtailed to the tasks for which they are
actually trained, i.e. security, while other tasks would be handled by specialist
THE OMBUDSMAN OF SPAIN
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