Annual report 2011: Spain’s National Preventive Mechanism
A recommendation was
made to the DGP for the
system of visits to be
extended and for direct
contact with visitors to be
permitted.
The CIE in Valencia has
taken steps to facilitate
contact between detainees
and NGOs.
A recommendation has
been issued to the DGP for
detainees to be guaranteed
access to their personal
belongings and mobile
telephones.
All CIEs should keep
compulsory registers of the
measures of containment
and isolation applied.
120
The closing of two booths at the CIE in Valencia limits the number of visits that
detainees can receive, even though visiting hours have been extended by half an
hour. As mentioned in paragraph 274 of the Annual Report 2010, other CIEs also
have trouble catering for visiting hours due to shortages of space. The Ombudsman has issued a recommendation to the DGP for longer visiting hours to be established in general than are currently permitted, for more suitable facilities to be
provided where there can be direct contact with visitors and for conjugal visits to
be permitted along similar lines to those allowed in prisons.
99. Article 62bis of Public General Act 4/2000 of January 11 on the rights and
freedoms of foreign nationals in Spain and their social integration recognises the
right of detainees to “come into contact with non-governmental organisations for
the protection of immigrants” and the right of such organisations to visit CIEs.
The Act states that regulations will be drawn up to establish the relevant conditions for this. No such regulations have yet been enacted, but in 2011 two rulings
by the courts that monitor the CIEs in Madrid and Valencia established that contact between detainees and NGOs should be facilitated, and authorised NGOs to
enter CIEs. In this regard, it was observed on the 2011 inspection visit to the CIE
in Valencia that the centre had taken steps to comply with the court ruling and
that visits took place in the rooms and at the times envisaged for meetings with
legal counsel.
100. On the 2011 inspection visit to Valencia it was also observed that there was
no written list (as there is at other centres) to indicate what belongings should be
confiscated from detainees on admission. Instead this was left up to the staff on
duty, which is not considered a suitable practice. Moreover, the DGP does not
appear to have taken steps to ensure that detainees can access their personal belongings and mobile telephones. A recommendation has been made for such access to be guaranteed, within the limits of the organisational and security criteria
that must be applied, as mentioned in paragraphs 278 and 279 of the Annual
Report 2010.
101. As indicated in paragraph 281 of the Annual Report 2010, in case of altercations custodial officers may, pursuant to Article 62 quinquies of Public General
Act 4/2000, isolate detainees in individual rooms or use means of physical containment, though this is only permitted “when there is no other, less harsh means
of achieving the goals pursued, and only for such time as may be strictly necessary”. To that end, some CIEs have one or more isolation cells. Such a cell was
observed on the inspection visit to the CIE in Valencia; it was located adjacent to
the dining area and was reportedly used to isolate detainees for a few hours in
case of altercations and to prevent conflicts from escalating. To ensure proper
monitoring of the application of these means of containment, all CIEs should
have a compulsory register in which the names of detainees are recorded, along
with the means of containment used (physical force, handcuffs, isolation), the
time of commencement and ending of containment, any incidents during con-
THE OMBUDSMAN OF SPAIN
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