CAT/OP/ESP/1
44.
The Subcommittee urges the State party to strengthen public defence services
across the country by taking steps to ensure that all detainees who lack sufficient
means have access to a lawyer free of charge and on an equal basis, in keeping with
article 119 of the Constitution, irrespective of the differing financial and human
resources available to the various bar associations. The aim of these measures is to
prevent impunity and forestall situations where individuals lack a proper defence,
which can make the torture and ill-treatment of persons deprived of their liberty less
visible.
(c)
Sentence administration judges
45.
Despite the fact that, according to information received from the General Council of
the Judiciary, there were 50 sentence administration judges in Spain as at 1 January 2017, at
some of the centres it visited the Subcommittee received complaints not only from persons
deprived of their liberty but also from staff members about these judges’ ineffectiveness.
46.
The Subcommittee recommends that the State party take the required steps
and allocate the necessary resources to ensure that sentence administration judges can
perform their duties effectively. The Subcommittee also recommends the further
development of current training programmes for investigating, sentence
administration and due process judges and for prosecutors and public defenders.
Such training should include instruction concerning the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol).
IV. Observations on the places visited
A.
Overcrowding and infrastructure
47.
Over the course of its visits to the various prisons, the Subcommittee did not observe
any overcrowding. It noted that, overall, the physical condition of the buildings and the
cleanliness of facilities, accommodation, bathrooms and exercise rooms were adequate.
48.
The Subcommittee visited nine national police, autonomous police and civil guard
stations. It noted that all the cells were dark and, in some cases, had poor ventilation and
were foul smelling and that the shared bathrooms were dirty; these conditions adversely
affect the health of the detainees. In some of the stations, video surveillance systems were
out of order. For example, in the stations of El Retiro in Madrid and Málaga District West,
the Subcommittee observed that persons deprived of their liberty had no means of
communicating with the guards from inside their cell. It is important to note that, in most
cases, the cells were located one or two floors below ground. The Subcommittee
recommends that the State party take the necessary structural measures to resolve the
issues raised with regard to the aforementioned stations.
B.
Food and drinking water
49.
In some of the centres, persons deprived of their liberty mentioned that food was in
short supply and, on occasion, spoiled. The Subcommittee also noted that access to
drinking water was very limited. In the case of the facilities visited in Melilla, there was
severe criticism of the water supply, which was scarce and of poor quality; however, it
should be noted that there is a generalized water quality problem in that city.
50.
The Subcommittee recommends that the State party ensure that prisons serve
meals at the usual times, that a record of food deliveries is kept in order to prevent
corrupt practices and that the food is of wholesome quality, well prepared and served
and of adequate nutritional value. Similarly, the State party should ensure that
drinking water is available to all persons deprived of their liberty whenever they need
it.
GE.19-17184
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