Mínimum criteria in deprivation of liberty
times, the incidents that may arise during separation (meals, visits of the medical
practitioner, etc.) and the date on which the measure was reported to the judge.
110. The practice of identifying or calling inmates of CIE by a number and not by
the name and surnames must be eradicated, for the purposes of preserving the
dignity of the inmates, as human beings, which should be a fundamental ethical value
for the persons responsible and public officers of the CIE, pursuant to article 10 of the
ICCPR which establishes: “Any person deprived of liberty must be treated humanely
and with all due respect to the dignity inherent in the human being”.
111. Nude bodily searches must be duly founded, as established by STC 17/2013,
of 31 January, for such measure to be understood, both by the person in question
should he wish to exercise his right to file a complaint or claim or seek the assistance
of a lawyer, and, as the case may be, by the court responsible for control of the
measure for internment ordered, for it to be able to assess the grounds for sacrifice of
the right to personal privacy.
112. The information on the rights and duties to inmates at CIE should be
available in the languages that they most commonly speak and, if necessary, the
services of an interpreter should be used. Such information should, in addition,
include the possibility of instituting an habeas corpus proceeding.
113. Concern must be expressed due to the act that inmates may have their legal
rights limited, depending on the CIE in which they are interned, since if the
centre is in a province other than that where the foreign national has been
granted free assistance of a lawyer, the possibility of interviewing his lawyer may
be reduced.
Nevertheless, we are pleased to see that the new Regulation on the operation and
internal system of CIE contemplated, in article 15, the Recommendation made to the
authorities for cooperation agreements to be made with bar associations, for the legal
rights of inmates not to be limited.
114. It has been verified that immigrants who are inmates of CIE have access to an
asylum procedure, and that information exists on international protection, thus
ensuring compliance with article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
115. It has been observed, and this is a reason for concern, that the notification to
the inmates of the time when they will be expelled from Spanish territory is not
given sufficiently in advance for them to collect their belongings, warn their
relatives and friends both in Spain and in their country of origin and make, if
appropriate, any arrangement that may be necessary.
Accordingly, the public authorities must inform inmates sufficiently in advance of the
time when they will be expelled and of the details, for them to be able to make the
aforementioned arrangements adopting, if appropriate, the measures that may be
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