Annual Report 2013 of the National Preventive Mechanism
Average stay of detainees at
police facilities of 24 hours
21. It was verified that the average stay of detainees at police facilities
continues to be 24 hours, before they are referred to the responsible
court authority. At the police station of the CNP of Pozuelo de Alarcón
(Madrid), it was verified that detainees were referred to the court authority even on weekends. Such good practice should extend to other
facilities, establishing the protocols considered necessary with the
courts, for due compliance with the constitutional theory mentioned in
paragraph 21 of Annual Report 2012.
No copy should be kept in
the police record of charges
of medical assistance reports
with the medical record of the
interested parties
22. The deficiency pointed out in paragraph 22 of Annual Report 2012,
Acceptance of the
recommendation for purchase
of medicines for detainees
23. The recommendation mentioned in paragraph 25 of Annual Report
Falta de identificación de los
agentes
in respect of the fact that a copy was kept in the police record of
charges of the reports of medical assistance received by detainees,
in which, in many cases, the clinical record of the detainees was included, continued to be observed in some of the places visited. This
Institution considers, as it pointed out to the responsible authorities,
that, in those cases in which medical attention is provided to a detainee and such person has not given his/her consent to the transfer
of data, no copy of the issued medical assistance report should be
kept in the record of charges, unless the requirements established in
articles 11.2.d) or 22.2 of the LOPD are met. If the detainee gives his/
her consent, such consent should be recorded in writing and attached
to the medical report, expressly mentioning that he/she was informed
of the possibility of rejecting such transfer.
2012, relating to enabling a budgetary item for purchase of medicines
for detainees, to safeguard their right to health, was accepted by the
DGP, which reported that it had been enabled and awarded directly to
the healthcare area of the Personnel Division, for its distribution to the
various Superior Headquarters.
24. The deficiency pointed out in the annual reports for previous years,
on the lack of identification of the officers, was not observed in most
of the visits made in 2013. At the facilities of the GC, due to the new
uniform, officers were duly identified and only in certain specific cases,
at the visits made to facilities of the CNP, was it necessary to report
such infringement to the DGP.
44
Lack of identification of
officers
25. It is necessary to insist on the need for all facilities for custody of
Deficiencias en la
cumplimentación del Libro
de Registro y Custodia de
Detenidos
26. It was observed that compliance with the Detainees Registration
and Custody Book, applicable to the CNP and to the GC, continues
to show deficiencies that, due to the time elapsed since the book was
implemented, should have been finally corrected. In the custody forms
it has been observed that incidents with detainees, such as food supplied, body searches, taking of statements, etc., are not always recorded. At the visit made to the Civil Guard Headquarters in Valencia it
detainees to have a gun rack to deposit the statutory weapon and thus
avoid carrying it when in contact with detainees in the cell area, to preserve the safety both of the detainees and of the officers themselves.
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