Mínimum criteria in deprivation of liberty
Notwithstanding the complaints that are actually filed and the results that may arise
from them, in the context of both the authorities and the courts, it is essential, in the
case of claims or complaints for torture or ill-treatment, or even where no complaint has
been filed but there are signs of the fact that an act of this kind could have existed, for
an investigation to be commenced conforming to the provisions of the Manual for
efficient investigation and documentation of torture or other cruel, inhuman or
degrading treatment or punishment, namely, the “Istanbul Protocol”.
Notwithstanding any court action, where the management of a CP has knowledge of
signs or statements made by any inmate of having suffered ill-treatment, the actions
necessary to clarify the facts should be put in place firstly by the establishment
itself and secondly by the specialised units of the central prison services. Such
actions should be carried out using means that ensure that they are effective, obtaining
ex officio any eventual evidence. The same procedure will apply in cases of deaths at
the centre.
Although the existence of contradictory versions of inmates and public officers is
customary, the investigation of purported irregular conduct should be exhaustive,
irrespective of the judgment of truth that the Authority may have at a first view, hearing
the version of the inmate in an atmosphere that generates trust in the person
explaining the problem, permitting him to produce and/or request evidence. In this
respect, it is considered that the existence of recordings made by the videosurveillance systems is an essential factor of evidence to supplement the
investigations, thus the importance given by this institution to having systems cover all
areas, with the sole exception of those that could harm privacy (cells and toilets).
151. Both the managements of CP and the central services of the prison authorities are
urged to give the maximum priority to setting up all devices that could permit
situations that may be considered of ill-treatment or torture to be detected.
152. It is essential for inmates to have legal guidance services during their stay in
prison, in addition to an efficient system for the filing of complaints and claims:
through the professionals and authorities of the CP, the prison surveillance judge, the
duty court, the Ombudsman’s Office or the autonomous committees, if appropriate. It
must be ensured that the system is absolutely confidential, applications and forms to
be filed in a closed envelope.
153. At all CP a record or book should exist to enter the complaints filed by
inmates, and the complaints or court proceedings known, relating to incorrect
actions or ill-treatment by the public officers, for them to monitored and supervised by
the management of the CP, notwithstanding the facts that the records may be
conveyed to the Prisons Inspectorate for specialised and effective investigation.
154. The creation of constructive relationships between the personnel and the
inmates reduces the risk of ill-treatment and makes the work of such personnel
more gratifying, as stated by the CPT in paragraph 26 of the 11th General Report
(CPT/Inf (2001) 16). To ensure such relationships, the provision of personnel should be
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