Mínimum criteria in deprivation of liberty
proposed for each minor, in accordance with his educational needs for the duration of
the measure of internment (Individual Program for Execution of Internment Measure
Programa Individualizado de Ejecución de Medida de Internamiento –PIEM).
In this context, it would be advisable for the scope of privileges or setback, as
appropriate, to be conveniently established with adequate safeguards, to prevent the
making of arbitrary decisions by personnel.
256. Body searches and searches of clothes, belongings and facilities of minors
are a matter of concern, to ensure that no actions are carried out violating the right to
personal privacy, and it is considered necessary to remind that these should conform to
the provisions of law and of regulation.
257. It must be remembered that, in those cases in which it is considered necessary to
carry out a nude body search, prior authorisation from the manager of the centre must
be obtained and prior report to the duty juvenile court and to the duty public prosecutor
must be made, explaining the reasons rendering the search advisable and reporting
the results to the court authority.
These searches should always be carried out in a closed place, without presence of
other minors, with personnel of the educational team of the same sex and a security
guard, providing the juvenile with an overall or bathrobe to preserve his privacy.
258. We must point out the importance of video-surveillance at these centres. Indeed,
the video-surveillance and video-recording system would have to cover all common
areas such as dining rooms, workshops, etc., and all rooms used for provisional
isolation and mechanical restraint, since this will enable supervision of the manner in
which these contention means were applied and their duration.
In this context, the inside of the rooms of the minors and the rooms for family visits
should be excluded from such coverage, to ensure the right to personal and family
privacy.
259. The protocols for activation of recordings should contemplate the obligation to
extract and keep the pictures and sound recordings reflecting any incident that may
occur with a minor deprived of liberty.
Video-surveillance screen of an isolation room in Aranguren (Navarre)
93
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