Annual Report 2012: Spain’s National Preventive Mechanism
Booklet with the center’s regulations, and he said that he was not aware of said
booklet. The educator on duty in said unit was asked about this matter, but was
unable to satisfactorily explain why this minor did not have a copy of said booklet
in his room, even though there was a copy in the educator’s office.
The only center that
informs minors of the
habeas corpus procedure is
«Zambrana»
The lack of documents of
some foreigners, or the
difficulties encountered to
provide them with
documents, is a source of
concern
Filling out the Logs or
Registries correctly is
essential
The «Teresa de Calcuta»
center does not have a
Record of complaints
118
147. The «Zambrana» center is the only one that gives minors, when they are
admitted, verbal information of the possibility of filing proceedings of habeas
corpus, but none of the three centers provides information of this right in writ
ing, contrary to the proposal made in paragraphs 476 of the 2010 Annual Report
and 176 of the 2011 Annual Report.
148. Once minors have been formally admitted, the admission is reported to the
juvenile courts, the Spanish Public Prosecutor’s Office, the minor’s legal guardi
ans, the corresponding department of the regional autonomous community and
the consular authorities in the case of minors who are foreigners. However this
last notification is not performed at the «Zambrana» center, contrary to the state
ment expressed in paragraph 178 of the 2011 Annual Report. In respect to minors
and adolescents of foreign origin the lack of documents for some of them is a
source of concern, together with the difficulties centers have to obtain said docu
ments. As pointed out at the «Teresa de Calcuta» center, this has led to a para
doxical situation whereby some minors, whether wards of the autonomous re
gion or not, remain undocumented during their stay at the center and even lack
any documentation when they are released after serving the custodial measure
imposed, impeding their integration in society, as highlighted in paragraph 193
of the 2011 Annual Report.
149. Centers must have Registries or Logs in which to record specific actions or
incidents, and must register the latter properly, in order to control and assess the
center’s day-to-day operations.
150. The «Teresa de Calcuta» center provides minors in custody with informa
tion on their right to lodge complaints with the center’s director or the competent
authorities outside the center. However, the center does not have a Record of
Complaints in which minors can address their requests or complaints to the
center’s director, to judicial authorities, to the Ombudsman Institution or to oth
er similar institutions in the Community of Madrid, as stated in paragraph 204
of the 2011 Annual Report. Even though the center has a system for the participa
tion of minors in internal group and module meetings, the system is not meant
to replace the possibility of having properly established channels for individual
complaints (suggestion boxes, official forms to file complaints or suggestions).
During the interviews several minors in custody mentioned that they had tried to
process complaints in writing and they had been discouraged from doing so and
encouraged to communicate the complaints verbally. The «Las Palmeras» center
does not have a Record of Complaints, although it does have standard forms for
making allegations, petitions and complaints that are kept in the records, in
which there was evidence of the director’s refusal or authorization. This center
THE OMBUDSMAN OF SPAIN
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