Short-term deprivation of liberty
habeas corpus
§476 AR 2010
§78 AR 2014
information on rights, fully adapted to reformed Article 520 LECrim,
implemented by Organic Act 13/2015, of 5 October, as well as information
on the habeas corpus procedure. These forms are available in various
languages.
The habeas corpus section on the rights information form provided by the
Guadalajara Civil Guard provides as follows:
k) The right to be expressly informed about the legal maximum duration of a
detention until committal for trial; this will consist of the minimum time that is
essential to complete the necessary legal steps, lasting a maximum of 72
hours, as well as the right to apply for a habeas corpus procedure in order to
refute the legality of each detention.
Information on
SES Instruction
12/2015
12. In addition to forms providing information on the detainee’s rights, nearly
all the facilities visited in 2016, belonging to the CNP or Civil Guard, already
have a form in place with information on various aspects of SES Instruction
12/2015 (video surveillance, communications with custody officers,
belongings, declaration of illness and meal times).
This form is not the same at all facilities, and the SES should remedy this. It
would be recommendable for the form to be stapled to each detainee’s
custody sheet, as was noted in the barracks of Gijón (Asturias) and
Valdemoro (Madrid) or the police stations of Gijón (Asturias) and Logroño (La
Rioja). Completion of this form should be mandatory, as the Chief
Headquarters of the Asturias CNP were unaware of this.
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