Situation of deprivation of liberty
Room for separation from
the group of “Sograndio”
(Asturias)
186. Deficiencies were observed in rooms of young offenders that
Deficiencies in the rooms
could affect their safety, such as lack of sound systems for calls or
the mechanical opening of the doors (“Las Lagunillas”, “Montefiz” and
“Sograndio”). Both the Department of Justice and Interior of the Government of Andalusia and the Department of Labour and Welfare of
the Government of Galicia will proceed to remedy these deficiencies,
when so permitted by the budget or when improvements are made to
the centres. The Directorate General for Justice and the Interior of the
Principality of Asturias do not consider this to be necessary, since they
attend calls made by young offender s immediately.
187. At the therapeutic unit of “Els Til·lers” and “Montefiz” the disciplinary regime contemplated by Basic Law 5/2000, of 12 January, regulating the criminal liability of young offender s, is not applied based on the
exception of article 59.3 of Royal Decree 1774/2004, which considers
that it is not applicable to minors who are serving a measure of therapeutic custody imposed due to a mental abnormality or disturbance in
perception that impedes them from understanding the illicit nature of
the facts or to act in accordance with such understanding, while they
remain in such a state. On considering that they are not included within
a disciplinary context, the measures of restraint are not reported to the
young offender judge and cannot be appealed. Nevertheless, at the
Therapeutic Unit of “Els Til·lers” of the 12 young offender inmates at
the time of the visit, 7 were serving a court measure under a regime
that was not therapeutic because it was considered that this was the
centre most adequate for them. Accordingly, a Suggestion was made
which was accepted by the Department of Justice of the Government
of Catalonia so that, in those cases in which young offender s are admitted under a non-therapeutic custody regime, the court authority be
requested to change the measure to therapeutic custody, pursuant to
Basic Law 5/2000.
Failure to apply disciplinary
regime at “Els Til·lers” and at
“Montefiz”
139
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