Short-term deprivation of liberty
Clothing for the use of
detainees at the Ertzaintza
Photo 22
station in Irun (Gipuzkoa)
69. Differences in criteria were once again observed in who was considered responsible for feeding detainees or inmates held at courthouses under instructions
from courts. In general, police detainees and prison inmates are given breakfast
at the establishments where they spend the night, but when statements are taken
by judges in the afternoon or evening there are no facilities for providing food.
This shortcoming was pointed out in paragraph 239 of the Annual Report 2010,
but it proved necessary to lodge a further request for a solution at the Provincial
Appeal Court of Guadalajara, the courthouse complex in Castellón de la Plana
and the courthouses of Ayamonte, Huelva and Albacete. The Office of the Secretary of State for Justice reports that the normal procedure at the courthouses in
Albacete and Guadalajara is for the Regional Justice Authority of Castilla-La
Mancha to pay for meals and for the food actually to be provided by the police
and security forces. Other bodies with authority in this matter, e.g. the Department of Governance and Justice of the Regional Government of Andalusia, consider that it should be the police forces guarding the detainees or the SGIP that
supply any food required if detainees or inmates must be held in cells in the evening as indicated above. The Office of the Ombudsman does not consider this to be
appropriate, and recommends that the various authorities responsible for the
matter should change their criteria.
THE OMBUDSMAN OF SPAIN
Different criteria are
applied in regard to who is
responsible for feeding
detainees and prison
inmates held at
courthouses
81
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