Annual Report 2014 of the National Preventive Mechanism
Recommendation of 19 September 2014.
Carry out internal investigations in the case of deaths, complaints
of ill-treatment or cases of special interest by specialised
personnel not on the payroll of the penitentiary centre where the
facts occurred, a criterion of this institution repeated in the annual
reports of the Ombudsman and paragraph 131 of Annual Report
2013. Such investigations should be exhaustive, independent
from the judgment of truth that the Authority may have on a first
analysis, hearing the version of the inmates –if appropriate– in an
environment that generates trust in the person explaining the
problem, and permitting him to file and/or request evidence.
Recommendation of 19 September 2014.
Give guidelines to the penitentiary centres, in the case of
suspicion that the inmates may carry drugs, to apply only very
founded and restrictive grounds to carry out radiological controls,
studying the possible alternatives and weighing up the risk/benefit
in each case, since it is a measure of control of a medical nature
but adopted for regimental reasons and taking into account that
various documents –such as Directive 97/43/Euratom, of the
Council of the European Union-, on the protection of health from
risks arising from ionising radiation in medical exposures and the
Guidelines on indications for the correct application of diagnostic
imaging tests of the European Commission’s Directorate-General
for the Environment establish that unnecessary exposure to
radiation should be reduced, according to the criterion of this
institution set out in paragraph 103 of Annual Report 2013
Recommendation of 19 September 2014.
Give the appropriate instructions to penitentiary centres so that,
when it is considered that sufficient reasons exist to carry out the
radiological control and the inmate does not voluntarily consent,
the compulsory court order should be requested, without its being
possible to consider that the consent of the inmate to such test,
granted to suspend mechanical immobilisation, is free, in line with
the criterion of this institution set out in paragraph 104 of Annual
Report 2013
Recommendation of 19 September 2014.
Give the appropriate guidelines to penitentiary centres for them,
in the request for a court order for the performance of radiological
controls, information be included both on the tests of the same
kind made on the inmate in the past year and their results, and on
the risks and consequences of the test to be performed, and any
other information that may be relevant
Recommendation of 21 March 2014.
Adopt the measures necessary to afford the organisational
structure of the Penitentiary Psychiatric Hospitals of Seville and
Fontcalent (Alicante) a more healthcare nature, for such centres
to be similar to hospital institutions
Recommendation of 21 March 2014.
Increase the healthcare personnel of the Penitentiary Psychiatric
Hospitals of Seville and Fontcalent (Alicante), to reinforce the
possibilities of carrying out individual actions and rehabilitation
activities
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