CAT/OP/ESP/1
Subcommittee encourages the State party to adopt a prison policy that incorporates a
gender perspective, in line with the Bangkok Rules.
76.
The Subcommittee found that in the Melilla, Alhaurín de la Torre and San Sebastián
prisons, women are unable to keep their babies with them since there are no mother-andchild units. At those prisons, women cannot breastfeed their children either. Most of the
women who were interviewed reported that being unable to take care of their children
caused them a great deal of stress. According to information received by the Subcommittee,
mothers wanting to keep their children with them must be transferred to Seville or another
prison, which entails uprooting them from the rest of their family. The Subcommittee
considers the operation of the mother-and-child unit at the Picassent prison to be a good
practice that could be replicated in other prison facilities. At that unit, mothers can remain
with their babies and are provided with the basic necessities required to be able to care for
them and foster their development.
77.
The Subcommittee recommends that the State party develop the infrastructure
needed to enable mothers to remain with their children and to breastfeed them, in
accordance with rule 29 of the Nelson Mandela Rules. It also recommends that an
effective system be put in place to protect the children of imprisoned women.
78.
In all of the facilities that it visited, the Subcommittee found that women deprived of
their liberty are subject to discriminatory conditions, since the lack of sufficient space
means they cannot be separated by category. In the prisons housing women that it visited,
the Subcommittee found that women in pretrial detention, women who had been convicted,
women who displayed violent behaviour and women who did not are all held together. It
also found that the majority of prisons have special compliance sections which, according
to the information received, are separate areas within a prison that are designed to create a
harmonious atmosphere of mutual respect for detainees. Participation in the scheme is
voluntary; detainees agree to be bound by the rules rather than having them imposed upon
them. However, it was noted that, due to a lack of the infrastructure needed to permit the
separation of different categories of women inmates, it is often difficult and sometimes
impossible to establish these sections for female inmates. This situation hinders the
assessment of the progress being made by women detainees in terms of their social
reintegration.
79.
The Subcommittee recommends that, with respect to female prisoners, the
State party apply the principles of non-discrimination, classification and
individualized planning set forth in rules 1, 40 and 41 of the Bangkok Rules and in
article 3 of the Convention on the Elimination of All Forms of Discrimination against
Women. In this regard, it also recommends that the State party take the necessary
steps to ensure that women in detention have the same degree of access to special
compliance sections as male detainees.
B.
Migrants
80.
There are currently eight migrant holding centres in the State party. During its visit,
the Subcommittee visited three of them, in Madrid (Aluche), Valencia and Algeciras, as
well as the temporary reception centre for migrants in Melilla.
81.
The Subcommittee found that, in all of these centres, clothing and personal hygiene
items were provided to detainees. However, at the Aluche centre there were a number of
reports that some migrants were unable to change their clothes regularly because they had
received only one set of clothing.
82.
The Subcommittee heard reports from some male migrants held at the Aluche centre
that they had been subjected to ill-treatment, including beatings and verbal abuse, by some
members of the staff.
83.
It also received complaints that the length of time that people spend in detention
varies according to their nationality. According to those allegations, citizens of Algeria and
Morocco spend the longest periods in detention, despite the fact that it would be easier to
return people to those countries than to others.
GE.19-17184
13
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