Annual Report 2013 of the National Preventive Mechanism
2012. The SGIP stated that it did not have sufficient human resources
to carry out a permanent supervision.
102
Control of immobilised
inmates
Notwithstanding such permanent supervision criterion, at some visits made, it was observed that not even the provisions of Instruction
3/2010 of the SGIP, of 6 March, on the protocol of action in security
cases, are complied with, without any record of a control carried out
at least once per hour by the officers to supervise the state of the
immobilised inmates. This deficiency was observed in general at CP
Puerto I (Cádiz), so that a Suggestion was made for it to be remedied
immediately. In the case of CP Puerto III (Cádiz), this was detected
in only one of the examined cases. Regardless of whether such deficiency was due to an omission in the surveillance documentation or
to negligence in the compulsory control by the officers, the SGIP was
informed that both the surveillance of the immobilised inmates should
be intensified and that such task should be carried out by higher ranking officers, a conclusion that was accepted by the SGIP.
Control of hygienic conditions
of the immobilisations
113. At CPs Puerto I and CP Puerto III (Cádiz), various statements
were taken from inmates who had been unable to go to the toilet and
had to relieve themselves while immobilised. Accordingly, the SGIP
was informed that the control by the officers of the conditions of hygiene of the inmates, and of the temperature, ventilation and conditions of the immobilisation, had to be extreme and, to the extent
possible, they should be untied to be able to relieve themselves, recording this in the book monitoring the measure. The SGIP accepted
the criterion of the Ombudsman.
Improvement of the training of
personnel in the application of
mechanical restraint
114. In the reviewed records of mechanical restraints applied at CPs
Puerto I and Puerto III (Cádiz), various cases were observed in which
it was stated that the inmates had managed to loosen the belts which,
since restraints are not controlled, could imply a risk of self-injury. Accordingly, it is considered necessary to review the manner in which
mechanical restraint is applied at said CPs and, if required, to improve
the training of the personnel in this area. The SGIP reported that, at
CP Puerto III (Cádiz) courses are given on a six-monthly basis on the
correct use of coercive measures. It must also be pointed out that a
guide for mechanical restraints exists at the centre available to the
officers at the special department.
At the CP of Córdoba metal
handcuffs continued to be
used for immobilisations
115. The report on the visit made to the CP of Córdoba in 2011 by the
CPT recorded the use of metal handcuffs to immobilise the inmates.
Although at the visit of the NPM it was stated that instructions had
been given for the use of cloth material restraints –the existence and
state of use of which was verified -, some inmates stated that metal
handcuffs continued to be used. The SGIP reported that handcuffs are
only used for short restraints (such as transfers between departments),
and that the use of cloth restraints is compulsory for immobilisations.
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