Annual Report 2014 of the National Preventive Mechanism against Torture
In another case, a citizen filed a complaint because he had been arrested together with
his Bulgarian couple in Palma de Mallorca, receiving, at the time of his arrest and
subsequently in the cells, as he stated, blows and kicks from the officers. The
Ombudsman’s Office requested the DGP to send information to clarify the facts and the
Directorate General sent the relevant report. The action has been stayed since the
case has been brought before the courts.
396. In 2014, three proceedings were instituted for purported ill-treatment at CIE, two
of which (relating to the CIE of Algeciras and Barcelona) are currently before the
courts. The third also refers to the CIE of Algeciras, which the Ombudsman visited in
February, and, in view of the complaint for ill-treatment of an inmate, instituted a
proceeding to clarify the facts. After viewing the recordings of the days on which the illtreatment purportedly took place, without being able to verify them, in view of the action
of the responsible Police Station, which ordered an investigation by professionals
external to the centre, the complaint was dismissed.
As regards immigration matters, it is to be pointed out, in addition, that in June 2014
approximately 100 persons attempted to enter Spain unlawfully through the fence
close to the border post of Mariuari. The incidents that occurred at such entry were
recorded by the members of an association which sent the recordings to the
Ombudsman’s Office requesting its action. In view of the facts, information was
requested from the Office of the Secretary of State for Security, after which knowledge
was had that the matter had been brought before the courts which, in November 2014,
dismissed the request for provisional dismissal requested by the Public Prosecutor’s
Office. The Ombudsman’s Office, although it suspended actions in view of the
existence of a court proceeding, requested the Public Prosecutor’s to keep it informed
of the evolution of the case.
A complaint was also received relating to the action of the Security Corps and Forces
in the attempt to enter Spain irregularly through the border fence of Melilla on 1 May
2014, where the officers used an extinguisher in the case of one of the citizens who
had climbed up the fence. The Ombudsman’s Office commenced action requesting
information on this case from the Office of Secretary of State for Security, which sent
the relevant reports and videos recording the occurrences on 1 May. The
Ombudsman’s Office reminded said centre of the legal duty of the Security Forces and
Corps to act in line with the basic principles established by article 5 of Organic Act
2/1986, of 13 March, on Security Forces and Corps, and particularly, to impede, in the
performance of their professional action, any arbitrary, abusive or discriminatory action
entailing physical or moral violence and to act on the principles of consistency,
opportunity and proportionality in the use of the means within their reach.
397. In 2014, action was also commenced by the Ombudsman’s Office in cases of
complaints or knowledge of eventual ill-treatment or mistreatment at residential centres
for minors, senior citizens and persons with disabilities, as contemplated in the
2014 report of the Ombudsman.
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