Mínimum criteria in deprivation of liberty
324. The effective custody of disabled persons residents in centres of this kind, has
direct effects on the defence and safeguard of the rights of the persons in
custody. The public and private custodian entities must have sufficient personnel and
means for individual monitoring of the persons in their custody and to visit the centres
at regular intervals.
325. Centres with these features must have available an internal regulation or
document setting out the rules of the centre. Such regulation should be situated in a
visible public place.
326. In addition, they should have books of complaints (implying a process of
internal service quality control), suggestions boxes or books (implying an attempt of
the inmates or their families to participate in improving the centre). In addition, the
complaints must be reviewed and an answer should be given to the parties involved.
Suggestions box at the Centre La Morenica, at Villena (Alicante)
327. To ensure an actual and effective knowledge of their rights, both the persons in
question and their family relatives should be informed orally and in writing of the
type of internment in question (particularly if it is for a long duration), the internal
operating rules, the living regime, the therapeutic procedures or the restrictions to
which the inmate will be subject, etc.
In the case of non-voluntary admission of an urgent nature, information must also be
afforded on: the data and time of admission and the reporting of the internment to the
court authority, stating that the centre is obliged to render account of the internment as
soon as possible and, in any case, within twenty-four hours, and that the necessary
court ratification must be provided within a maximum term of seventy-two hours; the
reason for admission; the policies applied in the ongoing review of their situation; their
rights pursuant to article 763 of the Civil Procedure Act and the right to institute an
habeas corpus proceeding.
Said document should be drawn up taking into account the features of the residents,
ensuring that its wording and format are adequate for its understanding; and it should
be signed by the person affected by the measure, stating that said information has
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