Observations of the NPM on the prevention of torture and other ill-treatment
It would be necessary to carry out a report on certain matters related to the
recordings, such as the conditions in which they are activated, the time for which they
should be kept, the security protocols to ensure their safety and the manner in which to
inform the persons deprived of liberty of the making of these recordings and the
authority before which they may exercise the rights established by personal data
protection laws.
The obligation to extract and keep any pictures showing any incident that occurs with a
person deprived of liberty, without need for a formal request to such effect, should
included in all action protocols on the matter.
In addition, the inspection services of the responsible authority should carry out, in
general and as a prevention measure, regular audits of the recordings, not necessarily
related to the clarification of specific incidents.
64. Since solitary confinement is a system of special restriction of rights of the person
deprived of liberty which should always be applied restrictively, with special
compensating safeguards, it would be advisable to analyse this institution in an overall
manner to assess its practical efficiency and adopt the most indicated legislative policy
decisions.
The law should expressly prohibit the application of this system to minors and permit
the detainees to be able to hold confidential interviews with the lawyer assigned to
them ex officio. In addition, it would be advisable for the NPM to be able to designate a
second medical practitioner, of the public health system, to examine the detainees
independently for the duration of their solitary confinement.
The immediate participation of the court authority, particularly when establishing and
supervising the extension of the solitary confinement should be increased and the
video-recording, with audio, should be required on an ongoing basis for the duration of
the solitary confinement to capture all places in which the detainees remain or are in
transit, including vehicles, with the sole exception of toilets. Lastly, it would be
necessary to generalise the most complete forensic-medical examination protocols and
regulate the reporting of the fact and the place of detention to the direct family relatives
of the detainee.
65. Although progress is observed in the application of unified criteria to prepare injury
reports, it must be remembered that, in those cases in which the person deprived of
liberty attributes the injury to aggression, the medical reports must be completed in
detail, particularly as regards the description of the injuries since this is the only
manner in which the compatibility of the cause with the denounced facts may be
established. In addition, photographs of the injuries must be included, as established
by the Manual for efficient investigation and documentary record of torture and other
cruel, inhuman or degrading treatment or penalties, known as the Istanbul Protocol,
and the aforementioned report on Injury reports on people deprived of their liberty of
the Ombudsman’s Office of May 2014.
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