CAT/OP/ESP/1 84. The Subcommittee recommends that the State party take the steps necessary to be able to detect acts of torture and ill-treatment in migrant holding centres and that it thoroughly investigate such acts and impose administrative and criminal sanctions on the perpetrators. It also recommends that the State party provide adequate assistance and protection to migrants who report acts of torture or ill-treatment. 85. The Subcommittee recommends that the State party determine individuals’ migration status without discrimination and within a reasonable period of time in all cases, and that it provide them with information regarding the relevant procedures and decisions, taking into account applicable international standards. 86. Although the Subcommittee notes that, under article 62 bis (1) of the Aliens Act, migrant holding centres are not prisons, it found that the centres it visited operated like prisons and, in fact, the Algeciras facility is located in a former prison. Individuals are held in the centres for the shortest period of time possible, up to a maximum of 60 days. According to the information received, migrants spend much of the day locked in their cells and are able to go outside only for a short period of time. Cells are locked manually, preventing detainees from moving about freely within the centre. Furthermore, the cells are located some distance from the guards, so there would be a delay in accessing the cells in the event of a fire or other incident. 87. Moreover, migrants at the Aluche centre stated that no activities are made available to them while they are there and that they have limited access to the media, leaving them feeling completely cut off from the outside world. At the Algeciras centre, migrants also complained that they were unable to tell when it was time for their various activities as there was no clock available. 88. The Subcommittee recommends that the State party take the necessary measures to ensure that migrant holding centres do not operate in a manner similar to prison facilities, as established in article 62 bis of the Aliens Act. In this regard, the Committee recommends moving forward with the proposal to relocate the centre in Algeciras (Málaga) so that it may be regarded as a reception facility rather than a prison. The Subcommittee also recommends that the State party take the necessary measures to ensure, inter alia, that migrants have greater freedom of movement within the centres and that rooms and units can be unlocked automatically, both to facilitate the work of the guards and to allow detainees to spend more time outside. The Subcommittee further recommends providing workshops and activities for migrants at the reception centres and making it easier for them to access information and the media. 89. The Subcommittee was also informed that most migrants who enter Spanish territory in an irregular manner are automatically detained and sent directly to police stations, where they can be held for a maximum of 72 hours. They are subsequently transferred to a migrant holding centre or, in some cases, referred to a non-governmental organization that provides assistance to migrants. 90. During its visit to the Plaza Manuel Azaña police station in Málaga, the Subcommittee found that there were 48 migrants from the sub-Saharan region who had been held at the station for 2 days. The migrants informed the Subcommittee that they had not been afforded access to legal counsel or interpreters to help them resolve their migration status and had been unable to inform their families that they had been detained. They also reported that they had not undergone a medical examination and had not been allowed access to a bathroom to attend to their personal hygiene needs. Although the Subcommittee observed that the migrants were separated from other detainees, they were being held in dark, unventilated police cells generally used for persons accused of committing an offence. 91. The Subcommittee reiterates that the detention of migrants should be an exceptional measure that is used only when necessary, reasonable and proportionate in a specific case and that it should be applied only for the shortest period of time possible and for a legitimate purpose. Furthermore, from the outset of their detention, migrants must be provided with access to medical assistance and to all the necessary procedural guarantees to allow them to defend their rights, such as access to legal 14 GE.19-17184