Annual report 2011: Spain’s National Preventive Mechanism
with the relevant provincial bar associations for the provision of legal counselling
free of charge. This situation was found to persist during the inspections conducted in 2011, so the Ombudsman issued a recommendation to the DGP for
procedures to be drawn up and agreements to be signed as necessary to ensure
that the legal rights of detainees are not constrained.
Access to interpreters and
translators must be
facilitated at all CIEs.
Healthcare must be
available at all times
A significant number of
complaints were received
about the medical care
provided.
92. Article 27, subsection e) of the Ministerial Order of February 22nd 1999 establishes that detainees who do not speak or understand Spanish have the right
to be assisted by an interpreter. At the CIEs visited to date it has been observed
that this provision is not implemented. At some centres access to translators is
provided only in special cases, while for the rest other detainees who can act as
interpreters are used. Being foreign nationals, many detainees do not speak Spanish, so the services of an interpreter and must be guaranteed throughout their
detention to guarantee their right to medical attention, legal aid, the filing of
complaints and claims, etc. Measures must be taken as necessary to ensure that
access to translators and interpreters is feasible at all CIEs.
93. Article 22 of the Ministerial Order of February 22, 1999 establishes that foreign nationals must undergo a medical examination within 24 hours as from
their admission. However, on the inspection of the CIEs in de Las Palmas de
Gran Canaria, Santa Cruz de Tenerife and Valencia it was found that there was
no doctor on duty at weekends, so it was not possible to conduct medical examinations on detainees admitted after midday on Fridays. This lack of healthcare
personnel over a significant period of time including night-time and weekends
may compromise the right to health of detainees, since it may force unqualified
personnel to make decisions regarding urgent healthcare. Since healthcare provision at all CIEs is outsourced to the company SERMEDES, the contract between
the Ministry of the Interior and the said company should be extended so that care
is available at all times.
On the inspection visit to the CIE in Valencia a significant number of complaints
were received from detainees who considered that the medical care available was
insufficient. On the inspection visit to the CIE in Santa Cruz de Tenerife one of
the detainees complained of the way in which he had been treated by the doctor
at the centre. He felt that the treatment prescribed at the hospital, to which he had
been taken with orchitis, was not suitable and that the doctor was unwilling to
send him back to hospital for further tests. This complaint was brought up in the
conversation held with the head of the Centre at the end of the inspection visit,
and this Office was informed that the doctor considered the treatment prescribed
on the initial visit to the hospital to be correct, but that the patient was being
monitored in case further tests proved necessary.
Finally, it must be placed on record that the DGP reports that a protocol is being
drawn up on dealing with pregnant women held in police custody, as requested
in paragraph 265 of the Annual Report 2010.
116
THE OMBUDSMAN OF SPAIN
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