Annual Report 2013 of the National Preventive Mechanism
Squat toilet in a cell of CP
Puerto I (Cádiz)
Plan for Amortisation and
Creation of Penitentiary
Establishments
With regard to the conclusions and resolutions issued by the Ombudsman relating to the CP facilities visited in previous years, it is to
be noted that the Cabinet of Ministers approved on 5 July 2013 an
amendment to the Plan for Amortisation and Creation of Penitentiary
Establishments (Plan de Amortisación y Creación de Establecimientos
Penitenciarios –“PACEP”), which contemplates improvement works
proposed by this Institution.
III. 2. Prison psychiatric hospitals
144. A security measure is the legal consequence applied to a person who had a criminal conduct from which he was declared exempt
of criminal liability. In these cases, the judge or court may apply, if
necessary, a measure without deprivation of liberty or a measure of
custody for medical treatment or special education in an establishment
adequate for the type of abnormality or mental disorder observed.
Security measures of
deprivation of liberty may be
applied in prison psychiatric
hospitals or units, prisons
or psychiatric centres of the
public healthcare network
114
In the case of persons with a mental disease, security measures of
deprivation of liberty may be applied in penitentiary psychiatric hospitals or units, at ordinary penitentiary units or at psychiatric centres of
the public healthcare network. The few alternatives for such security
measures means that in most cases judges designate prisons and
prison psychiatric hospitals for the purpose. The authorities having
centres of this type are the two that exercise penitentiary powers: the
Secretary General for Penitentiary Institutions, attached to the Ministry
of the Interior, and the Department of Justice of the Government of
Catalonia.
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