Long-term Deprivation of Liberty had passed from the day on which the infraction was committed until the resolu­ tion was adopted to initiate the procedure. In such cases there is failure to comply with the immediacy that should exist between the time the infraction is commit­ ted and the disciplinary reaction with the corresponding sanction. As mentioned, the «Las Palmeras» center does not have a computerized registry of the application of the disciplinary regime. In consequence, during the inspec­ tion the Deputy Director drafted a list of the 21 disciplinary procedures initiated in 2011 from the January 1st to December 18th. On examining said list, it was noted that all procedures had been initiated as a result of infractions classified in Article 63 of the Regulations (serious infractions). Moreover, it was noted that the 2011 Report contained information on the following disciplinary procedures: 1 due to a very serious infraction, 16 for serious infractions and 163 for minor in­ fractions. According to the Deputy Director, this difference in the figures be­ tween the two consecutive years was due to the fact that the data used to draft the 2012 list were obtained from information in the procedures initiated for very se­ rious and serious infractions, which are notified to the Judge, Public Prosecutor and the Agency. This information is easy to obtain, which is not the case in re­ spect to minor infractions. The «Las Palmeras» center does not have a computerized registry of the application disciplinary regimes 155. Paragraph 188 of the 2011 Annual Report already expressed concern re­ garding the large number of disciplinary procedures applied in some centers, to the detriment of the application of educational corrections. However, on examin­ ing the documents during the inspection visit at the «Teresa de Calcuta» center, an increase in the application of educational corrections at that center was noted, leading to the assessment that any excess, either in the application of one type of procedure or the other (educational or disciplinary) is not advisable. Educational corrections, without prejudice to their pedagogical value, have some drawbacks: they are not contemplated in the regulations; they are inevitably subject to the arbitrariness of the educator; and they are beyond the scope of the system of legal guarantees provided in the regulations for sanctions, and thus are not registered, for example, in the statistical information submitted by this center. In conse­ quence, the balanced application of the disciplinary regime and educational cor­ rections would be advisable, obviously in accordance with the circumstances. The balanced application of a disciplinary regime and of educational corrections is advisable 156. At the three centers inspected it was noted that the lawyers of minors in custody are not informed of the resolutions adopted in respect to disciplinary procedures initiated against minors which give rise to sanctions, contrary to the contents of paragraphs 409 of the 2010 Annual Report and 175 of the 2011 An­ nual Report. In this respect and following an analysis of the matter, a Recom­ mendation has been made to the Ministry of Justice to modify section two of Article 76 of Royal Decree 1774/2004, of 30th July, in order to impose on centers for juvenile offenders the obligation of communicating to the minor’s lawyer all of the disciplinary sanctions imposed on the minor and to clarify in which cases A recommendation has been made to ensure that minors’ lawyers are informed of the disciplinary sanctions imposed on THE OMBUDSMAN OF SPAIN minors 123

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents