Medium-term deprivation of liberty
2010 (referring to prisons) should be applied so that the inquiries made are structured as laid down in the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
commonly known as the Istanbul Protocol, section 174 of which establishes that
photographs should be a habitual part of examinations, pursuant to Chapter iii,
Section C.5.
87. In regard to the shortcomings in the video-surveillance systems at the various CIEs referred to in paragraph 261 of the Annual Report 2010, the DGP reports that it accepts the general criteria laid down by the Office of the Ombudsman as per paragraph 477 of the said report, and that the said shortcomings will
be corrected as funding becomes available. Without prejudice to the foregoing, in
the wake of the 2011 inspection at the CIE in Valencia it was requested that a
video-surveillance camera be installed in the area used for temporary isolation of
detainees.
The DGP has agreed to
88. On the inspection visits made in 2011 it was again frequently observed that
some officers failed to wear their ID badges at all times. The DGP reports that
instructions have been given to correct this shortcoming and that disciplinary
measures will be taken as relevant.
The DGP has issued
89. CIEs usually have female custodial officers on staff, but on the visit to the
CIE in Las Palmas de Gran Canaria (Las Palmas) it was observed that although
the detainees included two women there were no female CNP officers on duty. It
is considered essential that staff of both sexes be on duty when there are female
detainees.
When there are female
improve video-surveillance
systems as funding
becomes available.
instructions that officers
must wear their ID badges.
detainees there must also
be female staff on duty.
90. This Office is concerned at the failure to provide detainees with information on their rights as persons deprived of liberty. In this regard, it was observed on the inspection visits made in 2011 that detainees were not provided
with information on the possibility of filing for habeas corpus proceedings
when legally relevant, or on the possibility of requesting asylum or refugee status, with such circumstances being incorporated into detainee records. Nor
were the leaflets on international protection drawn up by the OAR (Asylum &
Refugee Office) or information on human trafficking distributed effectively.
Given the particularly vulnerable circumstances in which detainees at CIEs
find themselves, and in accordance with the criteria laid down in paragraphs
275 and 476 of the Annual Report 2010, the Ombudsman considers it essential
that detainees be informed of their rights. A recommendation in this regard
has been made to the DGP.
The Ombudsman has
91. Similarly, the Ombudsman considers that detainees may find their legal
rights constrained, depending on the CIE where they are confined. If the centre
is in a province other than that in which foreign nationals have been granted free
legal aid, the possibility of meetings with legal counsel may be reduced. Paragraph 275 of the Annual Report 2010 mentioned that not all CIEs had agreements
The Ombudsman has issued
THE OMBUDSMAN OF SPAIN
issued a recommendation
to the DGP concerning the
need to inform detainees of
their rights.
a recommendation that the
mechanisms required to
offer free legal counselling
be made available.
115
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