Annual report 2011: Spain’s National Preventive Mechanism
Recreational material at
the CIE in Santa Cruz de
Photo 37
Tenerife
Yard time should be
increased and yards should
have roofed areas so that
detainees can go outside in
bad weather.
122
104. Article 29 of the Ministerial Order of February 22, 1999 establishes that
detainees should be allowed at least two hours exercise a day. Complaints were
received from detainees in this regard, e.g. at the CIE in Valencia, where they
were allowed outdoors for three hours per day but considered that this was insufficient, and detainees complained that no other activities were laid on to help
them pass the time. The Ombudsman considers that yard time should be increased, and that security issues and risk of absconding should not be considered
as good reasons for not doing this, as stated in paragraph 272 in regard to the CIE
in Murcia. Measures of the kind observed on the inspection visit to the CIE in
Santa Cruz de Tenerife can be taken: the exercise yards there have special fencing
that detainees cannot climb. This Office also maintains that yards should have
roofed areas so that detainees can go outside in bad weather. In this regard, it was
observed during the inspection visit to the CIE in Santa Cruz de Tenerife that
part of the yard had been roofed over. It was also observed that the yards at the
CIEs in Las Palmas de Gran Canaria and Valencia had no roofed areas at the time
of the inspection, though the DGP reports that in Valencia the relevant work will
be done when funding becomes available.
THE OMBUDSMAN OF SPAIN
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