Medium-term deprivation of liberty
non-police personnel, which should help to improve living conditions at the centres. The Minister also stated that improvements were to be made in healthcare
and sanitation at these centres and that sufficient space would be given over to
communal and recreational activities.
81. There are no consistent criteria for requesting that a foreign national be confined in a CIE, which means that these centres contain a mix of persons who have
just left prison and are awaiting deportation and persons who have been detained
and confined merely for residing illegally in the country. This mixing of convicted criminals with persons who have committed only adminstrative offences
gave rise to complaints from the latter on the inspection visits made in 2011. A
reminder should be issued that the standard punishment for illegal residence is a
fine and not deportation.
Foreign nationals who
82. This Office is also concerned at the absence of social welfare services in these
centres. Social workers are present only in Madrid, under an agreement entered
into with the Spanish Red Cross, and in Santa Cruz de Tenerife, where the Red
Cross provides intercultural mediation services. Although the DGP has reported
that it intends to extend such agreements to other CIEs, this Office has issued a
reminder to the DGP of its legal duty to provide CIEs with social workers and
intercultural mediators, pursuant to Article 60.2 of Public General Act 4/2000 of
January 11 on the rights & freedoms of foreign nationals in Spain and their social
integration.
A reminder has been sent
83. Some detainees complained that they were addressed or identified by numbers rather than by their names. The explanation given for this was that the
names of detainees of some nationalities were very similar or were hard for the
staff to pronounce in a way that the detainees themselves could understand when
they were called to undergo any procedures. This practice should be avoided out
of respect for the dignity of the detainees as human beings, which should be a
fundamental ethical value of the managers and staff of CIEs. In this regard, Article 10 of the International Covenant on Civil and Political Rights states that “All
persons deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of the human person”.
The practices of identifying
84. Detainees are not given sufficient prior notice of the date on whichthey are
to be expelled from Spanish territory for them to be able to gather their belongings, advise friends and relatives in Spain or in their countries of origin and make
any bureauratic arrangements that may be necessary. The Office of the Ombudsman shares the criterion laid down by a ruling of magistrate’s courts nº 6, 19 & 20
of Madrid (in their role as monitors of the CIE in Madrid) that the administrative
authorities should give detainees sufficient notice of the time of their expulsion
and of the details of the process for them to be able to make arrangements as indicated above. The public administration has stated that such prior notice may
lead, and indeed has led on occasions, to detainees injuring themselves to avoid
being expelled. Such measures as may be deemed necessary must therefore be
The right of detainees to
THE OMBUDSMAN OF SPAIN
have been in prison are
housed alongside persons
held merely for residing
illegally in the country.
to the DGP of its legal duty
to provide CIEs with social
workers and intercultural
mediators.
detainees by numbers
should be avoided.
prior notice of their
expulsion must be assured,
and their physical wellbeing must be guaranteed.
113
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