Annual Report 2014 of the National Preventive Mechanism
adequate for the actual needs of surveillance and attention to inmates and top
importance should be given to their training in various fields having effects on the rights
of the inmates. In particular, particular emphasis should be given to training on
peaceful dispute resolution and oral and non-oral techniques to abort incipient
aggressive episodes without having to adopt coercive measures; the correct
application of safety and restraint measures; mental health and drug dependence, etc.
155. We must repeat to the public authorities that, when the medical services assist
an inmate with injuries (due to the application of coercive measures or for any other
reason, either fights between inmates or self-injuries, and those they have when they
enter prison from liberty or from any other penitentiary establishment), they must
systematically complete the relevant injury report, and send it to the responsible
court authority, pursuant to article 262 of the Civil Procedure Act.
156. In accordance with the policy established in the report of the NPM Injury reports
on people deprived of their liberty, of 2014, injury reports must be adequately
completed in detail, including the allegations made by the inmates on the manner in
which the injuries were caused, providing a detailed description of the observed injuries
–with photographs of the injuries– and a judgment of compatibility between the
observed injuries and the origin attributed to them by the convict. In addition, the
specific time and place of the medical examination should be placed on record,
identifying the signatory medical practitioner. Such information will facilitate the
eventual court investigation, on providing the forensic medical practitioner with further
information to evaluate the origin of the injury and the compatibility of the mentioned
originating mechanisms. A copy of the injury report must be delivered to the person in
question.
157. Also essential for the investigation of the facts is the fast sending to the duty
court of the relevant injury report, for the judge to be able to resolve according to his
criterion and the contents of the report and order, if appropriate, the exploration of the
inmate by the forensic medical practitioner as soon as possible.
158. We must repeat the obligation for public officers to wear their compulsory
identification recording the post of work and number of professional document.
159. The “closed regime” implies the application of maximum security criteria, and is
the most restrictive type of life contemplated by penitentiary laws, so that it should be
applied only as an exception and for the minimum time necessary. We must
applaud the implementation of a specific treatment program for inmates in the closed
regime, one of the purposes of which is to ensure progression to a higher grade.
160. The inclusion of inmates in the “File of Inmates subject to Special Monitoring
(Fichero de Internos de Especial Seguimiento –FIES)” will not give rise to a living
regime different from that applicable to them by regulation.
161. The disciplinary regime of convicts should seek to ensure safety and orderly
cohabitation. In the course of a disciplinary proceeding, the allegations made by the
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