Annual Report 2013 of the National Preventive Mechanism
Disciplinary proceedings.
Documentation
Excessive use of separation
from the group
188. On reviewing the disciplinary records of the centres of “Las Lagunillas” and “Sograndio”, it was observed that all formalities were
perfectly recorded in documentary form and that not more than three
days were allowed to elapse from commencement to the resolution
of the dossier. The same circumstance was observed in “Montefiz”,
where the respective resolution was also immediately notified to the
court and public prosecution. At “Monteledo”, in addition, an exclusive IT program is available for disciplinary dossiers. At “Montefiz”
and “Sograndio” instructions were given so that whenever the penalty
imposed on a young offender is reduced for good behaviour, this be
recorded in his disciplinary record.
189. Excessive use of the disciplinary penalty of separation from the
group is used for very serious and serious misdemeanours at the centre of “Sograndio”. Indeed, it was ascertained that in the 79 disciplinary
proceedings instituted, the penalty of separation from the group had
been imposed 78 times. It would be advisable to use alternatively
other penalties such as deprivation of weekend leaves, deprivation of
leisure outings or deprivation from participating in leisure activities,
according to the criterion contemplated in paragraph 155 of Annual
Report 2012. In this respect, the Directorate General for Justice and
the Interior of the Principality of Asturias reported that this is customary practice. Likewise, the repetition of the imposition of the group
separation penalty at this centre causes separation times to be joined
that considerably exceed the maximum 7-day term, so that, in cases
of long separations, after the 7 days are exceeded, the young offender
is taken with a security guard to an empty room (usually that used to
receive visits), and remain there for half an hour. After that time has
elapsed, he is again locked in the separation room until the maximum
permitted time has expired. In this case, after the visit of the Ombudsman, this practice was rectified and an interval of, at least, 12 hours is
allowed to elapse from the end of the first penalty to the commencement of the next.
The regulation of the centre proposes that minors in a situation of
separation should enjoy free time for two hours that commence compulsorily and for reasons of internal organisation at 08:00 h. This timetable means that inmates often decide not to leave the room although,
after the visit made by the Institution, young offenders who do not go
out to the yard in the morning are afforded the opportunity to do so in
the afternoon.
Failure to report disciplinary
penalties to lawyers
140
190. As contemplated in paragraph 156 of Annual Report 2012, the
failure to notify to the lawyers of the young offender inmates the disciplinary measures imposed on them continued to be observed. The Department of Labour and Welfare of the Government of Galicia adopted
the criterion of this Institution in respect of the centres “Montefiz” and
“Monteledo”. In this respect, a recommendation was issued to the Secretary of State of Justice, relating to the amendment of the second
section of article 76 of Royal Decree 1774/2004, of 30 July, approving
the Regulation implementing Basic Law 5/2000, of 12 January, regulating the criminal liability of young offenders, to impose on centres for
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