Long-term deprivation of liberty
home without being accompanied by any other minor, as the offender is isolated from the other
inmates, unless he/she coincides with another one who is completing an “educational setback”.
An offender in this situation is unable to participate in the group’s dynamics with the other
inmates and all activities are adapted to be always carried out at the observation home.
Furthermore, the minor is not guaranteed two hours outdoors each day, given that sanctions
lasting several days deprive him/her of recreational activities and free time in the courtyard, as
this is when the sanction is fulfilled in the bedroom at the observation home which, moreover,
does not have minimum furniture (a desk and chair) or any reading or writing material.
Between 1 January and 3 November 2016, we ascertained that no group separation had been
ordered in any disciplinary proceedings; however, an educational setback had arisen in 19
disciplinary proceedings, ordered against 10 minors for very serious and serious offences,
which were sanctioned with a total of 189 days during which they were deprived of recreational
activities (time outdoors), fulfilled at the observation home.
When asked why there were so many educational setbacks, excluding participation in
recreational activities, and no group separation sanction, the management team replied that
the former was more effective and achieved a higher degree of rectification amongst young
offenders than group separations.
Consequently, although in theory an “educational setback”, from the point of view of
preventing aggressiveness and disarray, entails positive intervention, the truth is that it
entails a pseudo-disciplinary regime, not officially referred to as such, resulting in more
hardship than the sanctions foreseen in the law and regulations, where the young
offender has less guarantees and feels unprotected and alone.
Searches and
frisks
§256 and 257 AR
2014
130. No shortcomings have been detected in the execution, documentation
and notification of searches and frisks at the facilities visited, except for the
Suggestion made to Es Pinaret (Palma) which consisted in providing a robe
or towels to minors when conducting a body search, something that was
being carried out in all other facilities visited.
Video
surveillance and
recording
systems
§258 AR 2014
131. There are many different video surveillance systems; these range
from total non-existence, such as the facilities of Monteledo and Montefiz
(Ourense), which only have cameras in outer access points to the facility, to
the system in place at Maliaño (Cantabria), which covers all communal areas
and includes not only image but also audio recording. Video surveillance in
Zambrana (Valladolid) is viewing-only, and in El Madroño (Madrid), Es
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