Annual Report 2014 of the National Preventive Mechanism
85. Compliance by the Security Forces and Corps, with the exception of certain local
police forces, with the policy contemplated in paragraph 40 of the 2nd General Report
of the CPT, relating to the existence, at all custody facilities, of a record books in
which the occurrences relating to the detainee are entered, is very positively
valued.
Nevertheless, we have observed that the data recorded in the individual forms for
each detainee vary, depending on the facility visited and on the public officer
responsible for custody and do not always include all the occurrences (time of
detention, time of placing in cells, body searches made, identity of the public officer
responsible, reading of rights, taking of statements, meals, visits, legal assistance,
medical assistance, bringing before the court, etc.), thus ensuring the chain of custody
and incidents.
For example, in some of these records it has been observed that it had not been
mentioned that the detained person, who was detained for a serious crime, had had his
statement taken although after checking the police records or the records of the
investigation sent to the court authority, statements had been taken so that the number
or police records should always be stated to be able to check these facts.
In other cases, it was observed that the custody forms were left blank and, when the
officers were asked for an explanation they stated that the detainee had not been
placed in cells and that after taking his statement in an office he had been released.
Page of custody form left blank at the Headquarters of the GC of Ciudad Real
For that reason, it is pointed out, once again, that the purpose of these forms or
records is to know, at any time, who is responsible for the custody of the
detainee and the formalities adopted for the duration of such deprivation of
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