Short-term deprivation of liberty
informed the Ministry of the Interior that the said objects in the cabinets in the
meeting room could be considered as intimidatory or threatening to detainees
being processed there. The DGP reports that measures have been taken to correct
this shortcoming.
52. It is still frequent to find officers at the establishments visited (mainly those
of the CNP and the GC) without proper identification, in contravention of SES
Instruction 13/2007 concerning the use of personal identification numbers on
the uniforms of members of the state police and security forces, and the criteria
indicated in paragraphs 66 and 113 and elsewhere in the Annual Report 2010.
Both forces have been urged to monitor compliance with these regulations and
with the recommendations of the Ombudsman and, in the case of the CNP, to
bring disciplinary proceedings as relevant. Given that the DGP has not yet taken
the measures needed to change the typeface on ID badges to make them more
readable and to enable badges to be attached to uniforms as indicated in paragraph 66 of the Annual Report 2010, this shortcoming should be corrected immediately.
The CNP and GC have been
53. Widely differing criteria continue to be applied concerning whether or not
firearms are carried in holding cell areas, especially in the establishments of
CNP and the GC but also in some local police stations visited, such as Berja
(Almería), La Carolina (Jaén) and Valverde del Camino (Huelva). In paragraph
65 and elsewhere in the Annual Report 2010 it was recommended that instructions be given to unify criteria, since it was considered that for the sake of the
safety of detainees and officers alike no one should enter holding areas while
carrying a gun, but no such instructions have been issued. Thus, during the
inspection visits made in 2001 this same shortcoming was again observed.
With the exception of the Las Rozas barracks (Madrid), where specific instructions have been issued to enforce the criteria expressed by the ombudsman, the
GC has stated that “in many barracks the holding cells are within or attached
to other police facilities and the only architectural possibility of separating
them is via a corridor or the cell door itself. This makes it operationally impossible for officers on duty to take off their regulation firearms”. The Ombudsman
considers this assertion to be unacceptable, since there is nothing to prevent
gun cabinets from being located at the entrances to holding areas, where guns
can be deposited while their wearers are in contact with detainees. Indeed, this
is common practice at the establishments of the Mossos d’Esquadra, as explained in paragraph 168 of the Annual Report 2010.
It was observed, especially
THE OMBUDSMAN OF SPAIN
urged to see that officers
are properly identified and
to take measures to ensure
that ID badges are properly
readable
in the establishments of the
CNP and GC, that the
recommendations of the
Ombudsman advising that
officers in holding areas
should not carry guns have
not been enforced
65
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