1. This report gives an account of the activity developed by the National
Preventative Mechanism against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (hereinafter, NPM) throughout the year 2012, thus
complying with the requirements established in the Optional Protocol to the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (OPCAT), to prepare a specific report on an annual basis.
Obligation to prepare an
In response to such obligation, the 2011 Annual Report of the NPM was submitted
at the Official Records of the Spanish Parliament on the 6th of June 2012 and on the
3rd of July of the same year it was sent by post to the UN Subcommittee for the
Prevention of Torture (SPT), with headquarters in Geneva (Switzerland). On the
21st of February 2012 the Subcommittee convened the Spanish Ombudsman Insti
tution to such city in order to present the Annual Report pertaining to year 2010.
The 2010 Annual Report
2. As mentioned in paragraph 12 of the 2011 Annual Report, the visits have con
tinued to be conducted by teams made up of persons with legal training, together
with the assistance and cooperation of external technicians of well-established
professional experience and knowledge, accredited in the matters referred to by
the Optional Protocol, such as medicine, psychiatry or psychology. In this way, a
contribution is made towards a comprehensive and multidisciplinary evaluation
of the centers and places of deprivation of liberty, focusing on specific aspects of
the visited facilities.
The NPM conducts a
3. Since the beginning of its activity in March 2010, the Spanish NPM has con
ducted 363 visits to places of deprivation of liberty and has consolidated a broad
doctrine which has an effective influence on the activity of all the public admin
istrations concerned. As is already widely known, the NPM carries out visits to
centers of deprivation of liberty in order to identify structural and procedural
problems which may help prevent the practice of torture or ill-treatment and to
avoid their eventual impunity. After the visits, following the methodology used
in previous years, conclusions are drafted and sent to the administrations concerned, in relation to the shortcomings identified. As a novelty in this report and
in response to the requests sent by some representatives of the civil society, the
conclusions of each center are shown in the charts included in an annex at the
end of this report. Likewise, for ease of consultation of the visited facilities, it was
judged appropriate to include in this report some follow-up charts of the visits
conducted in year 2011, individualizing each place of deprivation of liberty and
showing the conclusions drawn after the visit, as well as the resolutions formu
lated during the investigation that was undertaken and the response of the rele
vant administration.
Since the beginning of the
In those cases where the immediate measures proposed to improve the detention
conditions are not adopted by the authorities, the NPM may formally make use
of the relevant resolutions which the law recognizes to the Ombudsman Institu
tion, such as Recommendations, Suggestions or Reminders of Legal Duties. Thus,
in year 2012 a total of 118 Recommendations, 79 Suggestions and 8 Reminders of
In year 2012, a total of 118
THE OMBUDSMAN OF SPAIN
annual report
was presented before the
SPT (UN) on 21 February
2012
comprehensive and
multidisciplinary
evaluation of the visited
places of deprivation of
liberty
activity in March 2010, 363
places of deprivation of
liberty have been visited
recommendations, 79
suggestions and 8
reminders of Legal Duties
have been carried out
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