Mínimum criteria in deprivation of liberty
safeguards granted by penitentiary legislation to convicts would be seriously
weakened.
181. Regardless of the criterion of this institution, since in practice CP use article 75.1
RP to impose regimental limitations similar to punishment of isolation or the closed
regime, without the same procedural safeguards, their application is reviewed in
depth at the visits. In any case, the exceptional and secondary nature of such
measures should be observed, in addition to the procedure established in the internal
operating instructions established by the penitentiary authorities themselves.
182. Indeed, the application of article 75.1 RP should be limited only to facts that,
given their seriousness, jeopardise the safety and order of the prison, and to cases
in which other less damaging measures may not be adopted or a fast processing of the
disciplinary proceeding cannot be carried out to achieve the sought objectives in a
manner affording greater safeguards to the inmate.
183. With regard to the procedure, the specific grounds for application of article
75.1 RP and the regimental limitations it implies (changes of unit, greater security
measures, restriction of the right to privacy, to go out to the yard and participate in
activities, etc.) should be expressly evidenced both in the decision of the
management ordering it, and in the notifications to the penitentiary surveillance judge,
with the possibility of adversary statement by the inmate in question through an appeal.
In addition, record should be kept of whether the inmate has been examined by the
medical services.
184. At some CP, article 75.1 RP is applied with a frequency apparently
inconsistent with the exceptional application that should in any case preside over
the use of this measure. In addition, occasionally, the regimental limitations applied
based on this article are extended over long time periods, of even over one month.
Accordingly both the respective managements and the respective central services
should proceed to review the application of said article.
185. The measure of article 75.2 RP, although for protection of the inmates, is in
any case exceptional and implies regimental limitations. Accordingly, the
proliferation in a CP of inmates requiring the protection contemplated in said article
may be considered a sign or the abnormal operation of the internal separation system.
In addition, a prolonged duration of the application of article 75.2 RP could imply that
other measures to remedy the situation such as, for example, moving to another CP
were not adopted. Accordingly, whenever possible, these measures should be used to
reduce the number of times in which it is necessary to adopt the measure
contemplated in article 75.2 RP.
186. The facilities used for isolation, provisional isolation or regimental
limitations and personal protection measures, based on article 75 RP, should be
adequate and have features similar to those of ordinary cells, particularly in those
cases of long duration of the stay of the inmates.
75
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