CAT/OP/ESP/1 C. Pretrial detention 51. According to the data that the State party provided to the Subcommittee during its visit, as at 20 October 2017, the prison population stood at 48,814, of whom 7,121 were in pretrial detention and 41,693 were convicted offenders. The Subcommittee observed over the course of its prison visits that there are often no cell blocks specifically designated for pretrial detainees or convicted persons, thereby increasing the risk of criminal behaviour, especially among pretrial detainees. 52. The Subcommittee recommends that the State party make it clear to the prison authorities that pretrial detainees and convicted offenders should be held separately so as to fully respect the former’s right to the presumption of innocence in keeping with rules 111 and 120 of the Nelson Mandela Rules. V. Health A. Introduction and professional independence 53. The medical services that cater to persons deprived of their liberty come under various ministries. Prison doctors who provide services in correctional facilities are staff of the Ministry of the Interior, except in the Basque Country, where they report to the Autonomous Community Health Department. That department is headed by a medical subdirector who falls under the authority of the prison warden. Forensic doctors are attached to the Ministry of Justice. Psychiatrists come under the health department, as do all other specialists to whom inmates are referred. There is also a fourth group, as was observed at the migrant holding centre in Valencia, where the health services are outsourced and/or subcontracted by the Ministry of the Interior. In temporary reception centres for migrants, some of the health services are provided by the Red Cross. 54. The Subcommittee is concerned by the fact that health-care services are under the authority of the Ministry of the Interior; accordingly, it recommends that the State party transfer responsibility for those services to the health-care sector as part of an effort to ensure the clinical independence of doctors in keeping with rule 25 of the Nelson Mandela Rules. B. Structure and operation of health services 55. The Subcommittee examined the health-care system in jails, juvenile detention centres, police stations and migrant centres, both closed and open (migrant holding centres and temporary reception centres for migrants). It noted that medical services are appropriately structured and that there is the necessary staff to run polyclinics, 24-hour oncall services, infirmaries and dispensaries and to keep medical records, as well as psychologists and educators. It also noted that there is sufficient medication and a properly prepared drug formulary list. Examination rooms are clean. 56. The Subcommittee observed that, in most of the places it visited, persons deprived of their liberty have easy and rapid access to medical services and that, when they require a referral, such as for the services of a dentist or ophthalmologist, they sign up and get an appointment within a relatively short period of time. In terms of mental health services, psychiatrists conduct examinations, prescribe medication and monitor treatment, while psychologists are available for occasional therapy sessions. Mental health professionals do not provide regular psychological treatment other than medication. Substance abuse treatment is the priority in many places, and some prisons, including Alhaurín de la Torre prison, house a large number of inmates undergoing methadone treatment. 57. However, the Subcommittee observed that the situation is different in police stations, which do not have medical personnel on staff; doctors are called in only if requested by a detainee or when there is a special administrative inspection, for instance in the event of injury or illness. 10 GE.19-17184

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