Annual Report 2016 - Spain’s National Preventive Mechanism against Torture
Disciplinary
regime §161
AR 2014
76. The SGIP has accepted the Recommendation made in order to take the
inmate’s mental health and/or vulnerability into account, whilst disciplinary
proceedings are being processed and before taking any decision on a
possible sanction. Furthermore, it would be appropriate to instrument some way
in which psychologists may participate in disciplinary commissions, as their point
of view may be useful when modulating the sanctions imposed or the number of
disciplinary proceedings filed.
77. Mechanical restraints are still being used without following the NPM’s
Mechanical
criteria;
they are still inadequately registered at most CPs visited, detecting
restraints §165failures and inconsistencies between manual and computerised records, and
178 AR 2014
incomplete documents derived from these actions. At CP Tenerife II, for
instance, it was noticed that mechanical restraint control sheets did not
include entries on the state of the inmate, or whether he/she was being visited by
a doctor.
In some cases we detected the use of handcuffs to immobilise an inmate on
the mechanical restraint bed for several hours (CP Araba/Álava). On the other
hand, at CP Bilbao, where this practice had been previously followed,
instructions had been given to abolish it.
Mechanical
restraint
training §177
AR 2014
Mechanical
restraint cells
§179 AR 2014
70
78. At the SGIP CPs visited, no formative action was arranged on how to
apply mechanical restraints, with validated straps, except for CP Dueñas
(Palencia). The SGIP has told us that it is working to unify an adequate
methodology to apply regimental mechanical immobilisation, in order to include it
as a teaching unit in courses on self-defence and the adequate use of coercive
means. In Catalonia, as we verified during our visit to CP Mas Enric (Tarragona),
mock mechanical restraints are arranged, in order to ensure that they are carried
out effectively and professionally.
79. As a general rule, mechanical restraint cells have still not adapted to NPM
criteria. Subject to a few exceptions, SGIP CPs lack cell video surveillance. One
of these exceptions is CP Bilbao where, following our visit in 2014 and although
hardly any coercive means of this nature have been applied, a new cell has been
prepared, with a bed and validated restraining straps, as well as video
surveillance recording.
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