Observations of the NPM on the prevention of torture and other ill-treatment
Report on injury reports on people deprived of their liberty
69. In year 2014, the NPM prepared its first theme report: the report on Injury
reports on people deprived of their liberty, registered with the Parliament on 27 May
2014, and submitted by the Ombudsman to the Mixed Committee of Relations with the
Ombudsman’s Office of the Parliament on 17 June 2014.
At the visits made by the Ombudsman’s Office as NPM to places of deprivation of
liberty, it has been observed, in the review of the injury reports by external experts,
specialists in legal and forensic medicine, in psychiatry and in psychology, that the
type, share, size, exact location and other features of the injury that could permit the
manner in which it occurred to be established are often not adequately described. In
certain cases, it has even been observed that the injury reports do not describe the
manner in which the injured person states that they occurred, so that it is impossible to
verify the consistency of the statement made by the person deprived of liberty with the
observations made by the medical practitioner.
70. Given the importance of this matter, the Ombudsman’s Office considered it
advisable to prepare a report. For such purpose, it firstly obtained information on State
and autonomous community law regulating the issue of injury reports, and on the
standard forms of injury reports used in each territory. Later a retreat was held to
analyse the results of the work carried out at the previous stage, at which various
experts on the matter participated (judges, forensic medical practitioners, psychiatrists,
psychologists, medical practitioners and jurists).
Although problems and deficiencies were detected both at the basic and emergency
healthcare levels and in the subsequent investigation that should be carried out by the
forensic medical practitioner, at the request of the court authority, the NPM focused
its attention on the first level of healthcare, which is that afforded to the person
deprived of liberty when he has suffered, or states that he has suffered, ill-treatment or
tortures.
71. The result of this work was the preparation of the report on Injury reports on
people deprived of their liberty, which analyses injury reports in the Spanish legal
and healthcare system, making recommendations for their unification and defining the
minimum set of data that they should contain in the case of persons deprived of liberty,
to comply with the international obligations agreed by Spain on the matter and to
facilitate the court investigation.
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