Situation of deprivation of liberty
deprived of liberty who may remain up to 22 hours confined in their
cell to enjoy the possibility of going out of doors. For this reason it
is considered, notwithstanding the desirable removal of the aforementioned metal meshes, that the use of this department should be
limited to punishment consisting of isolation in a cell and for application of provisional isolation, but it should not be used as a unit for
the permanent stay of inmates under the closed regime. Since the
SGIP rejected the criterion of this Institution, a suggestion was made
to such effect.
A cell and the yard of the
isolation department of CP
Villabona (Asturias)
119. With regard to the application of article 75 RP, although the criterion adopted by the SGIP does not conform to that issued by the
Ombudsman, as was stated in paragraph 104 of Annual Report 2012,
at the visits it was verified that its application complies at least with
Instruction 3/2010, of 6 March, of the SGIP, on the protocol of action
related to security matters. The SGIP reported that, due to the conclusions reached at the visits made by the NPM, application of article 75
RP was included as a matter to be verified at the visits of the Penitentiary Inspectorate. In addition, in May 2013, the Sub-directorate
General for Penitentiary Treatment and Management issued Service
Order No. 4/2013, in which the managements of the various CPs were
reminded of the exceptional and secondary nature of these measures
established by said Instruction and the appropriate procedure for their
application.
After the visits made by the
NPM, the application of article
75 RP is examined by the
Penitentiary Inspectorate
120. As regards the visits made in 2013, at CP Puerto I (Cádiz), many
records were reviewed and it was observed that article 75.1 RP was
applied with certain frequency. At CP Puerto III (Cádiz), in turn, it was
observed that, in more than 50% of the reviewed records, the duration
of regimental restrictions exceeded one month, in two cases, it was
longer than two months and, in another two, it exceeded three months.
It was also observed that, in one case, the specific restrictions were
not specified in the resolution for their application. In turn, application
of article 75.1, with prohibition to use the yard for two days in certain
cases in which there were suspicions that the inmates carried drugs
did not appear to be sufficiently founded. Due to this, the SGIP was
informed that application of article 75.1 RP should be reviewed at both
Acceptance of the
observations of this Institution
in respect of the application of
the regimental restrictions of
article 75 RP
105
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