Annual Report 2013 of the National Preventive Mechanism
at CP Puerto III (Cádiz)), the SGIP reported that the inmate was immobilised to prevent him from causing himself damage, after other
measures had been adopted.
Recommendation for informed
consent to make radiological
explorations
105. Said Instruction 3/2011 contemplates in annex 6 (a) a document of informed consent of exploration using radiology/echography
that, nevertheless, includes no information on the test that is to be
made. Although they have limited effects on health, radiological explorations are not innocuous measures so that a Recommendation has
been made for the document of informed consent of the SGIP to be
amended for radiological explorations for them to be informed in writing, in comprehensible terms for them and sufficiently and adequately,
for greater safeguard of the rights of the inmates, of the nature and
effects of the radiological test that it is intended to perform on them
and of the consequences that the carriage of foreign bodies or narcotic
substances in their body may have. The SGIP reported that it will review said documents.
Information on the risks and
consequences of the tests
106. In addition, in the opinion of this Institution, the request to the
Rest between different
isolation penalties
107. In respect of the serving of disciplinary penalties, in the review
Reporting to the penitentiary
surveillance judge
100
penitentiary surveillance judge for a court order for radiological exploration should contain information on the risks and consequences of the
test to be performed on the inmate, the specific reasons for which such
test is requested, the tests of the same kind that have been performed
on him in the last year and their result, and any other information that
may be relevant. The SGIP answered that information on the performance of previous radiological tests on the inmates will be included.
of the information at CP Puerto I (Cádiz) it was observed that, where
various isolation penalties are imposed which joined imply more than
14 days of isolation, they are served consecutively, the second commencing on the day after the first one ends. This practice was also
observed in certain isolated cases at CPs Puerto III (Cádiz) and Villabona (Asturias). This Institution considers that, for the benefit of the
inmates, at least one day of rest should be allowed between these
penalties, where they imply more than 14 days of isolation.
108. In respect of the notice to the penitentiary surveillance judge of
the application of coercive measures, at CP Puerto I (Cádiz) it was
observed that it is made at the earliest on the day after the measure,
contravening article 72 RP, which establishes that it should be made
immediately. In addition, at said centre, three cases of employment of
essential physical force were observed in which apparently the date
and time of cessation were not duly recorded, so that we are unaware
of whether they were correctly reported to the penitentiary surveillance
judge, a fact that was reported to the SGIP.
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