Annual Report 2013 of the National Preventive Mechanism
II.2. Military disciplinary establishments
Arrests of from one month
and one day to two months;
maximum four-month period
70. At Military Disciplinary Establishments (Establecimientos Disciplinarios Militares –“EDM”) members of the Armed Forces may be arrested, for serious infringements, pursuant to article 8 of Basic Law
8/1998 of 2 December on the disciplinary regime of the Armed Forces,
for a period between one month and two months although, in the case
of two or more joined penalties of arrest, article 69 of said Law establishes that a maximum four months of deprivation of liberty may be
imposed
According to the information provided by the Secretary of State for
Defence, in 2013, the following arrests took place at the various EDM.
Table 33
Arrests in EDM in 2013
EDMs managed by the Air
Forces
EDMs managed by the Army
EDM Centro
(Colmenar
Viejo, Madrid)
EDM
Ceuta
48
26
EDM
Melilla
EDM Tenerife
(San Cristóbal
de la Laguna,
Santa Cruz de
Tenerife)
EDM Las
Palmas
(Las Palmas
de Gran
Canaria)
18
23
11
EDMs
managed by
the Navy
EDM Norte
(León)
EDM
Las Palmas
(Las Palmas
de Gran
Canaria)
EDM Sur
(San Fernando, Cádiz)
31
0
20
TOTAL
177
* Source: Own preparation according to data furnished by the Secretary of State for
Defence (Ministry for Defence).
Visit
71. In 2013 only the EDM Centre, in Colmenar Viejo (Madrid) was
visited, a visit to follow up that made in 2010.
84
Search of underwear and lack
of privacy in telephone calls
72. The inmates stated that they had held a meeting with an army corporal to raise a complaint for the treatment they received from the only
two women on the payroll, on considering that they were “ruder than
their colleagues and treated them with less respect”. The only woman
arrested, employed as a soldier, stated that she felt uncomfortable
with the body searches made on her, although they only searched her
trouser pockets and boots. She also complained of the detailed search
of her underwear, although she said that, lately, it was inspected using
a scanner. Lastly, the arrestees considered that they were not allowed
any privacy in telephone calls, since the custody personnel controlling
the switchboard “hung up when they wished and were able to hear the
conversations”.
Maintenance and cleanliness
of the facilities, food and
toiletries and bed clothes
73. It was observed that the good state of maintenance and cleanliness of these facilities, observed at the visit made in 2010, continued to be maintained. Likewise, the food, toiletries and bed clothes
provided to the detainees were correct. The living conditions were
the same as at the previous visit, having access outdoors, and it was
observed that adequate leisure material was provided, although, for
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