Annual Report 2012: Spain’s National Preventive Mechanism
Legal Duties have been carried out, the content of which is detailed throughout
this report.
At the visited places, photos
are taken and included in
the appropriate records
The NPM has a preventive
mission, and its goal is to
promote changes of
operational and regulatory
nature, if necessary
The procedure to appoint
members of the Advisory
Council to the NPM went
into effect in February 2013
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4. The Institution has followed the criteria established in previous years about
conducting unannounced visits (with the exception of three which were carried
out together with foreign delegations) at any time of the day or night, as well as
obtaining photos of the centers, which are integrated into the appropriate records
and some of them are also included in this report.
5. It is necessary to remember that the action of the NPM is -as its very name
implies-, of a preventive nature, and its goal is to promote the necessary changes,
at both regulatory and operational level, in order to hinder and, ideally, prevent,
the occurrence of cases of torture or ill-treatment. On becoming aware of the al
leged commission of a fact which might be codified as torture, cruel, inhuman or
degrading treatment, arising from a visit, through the mass media or by means of
a document from the interested persons or third parties, it is then reported to the
relevant area of the Ombudsman Institution to establish, as the case may be, if it
is appropriate to open an investigation. Notwithstanding this, the NPM carries
out a study of the complaints submitted and the investigations conducted at the
Institution, in order to determine the visits which are to be implemented during
the year. A record of the eventual handling of complaints or ex officio cases (ex
pedientes de oficio) due to ill-treatment is made in the relevant sections of the
Annual Report of the Ombudsman Institution. However, in order to better in
form on the work carried out by the Ombudsman Institution regarding torture
and ill-treatment within its reactive aspect, and likewise, so as to contextualize
with specific cases the framework in which the action of the NPM takes place, it
has been deemed appropriate to include in this Report, and in the successive
ones, an Appendix containing a summarized version of the action taken by the
Ombudsman Institution in this field.
6. On the other hand, as was already pointed out in paragraphs 10 of the 2010
Annual Report and 11 of the 2011 Annual Report, the complete design of the
NPM established by means of Organic Law 1/2009, of 3 November, which intro
duced a single final provision in the Organic Law on the Spanish Ombudsman
Institution, entailed setting up the Advisory Council. The reform of the Regula
tions governing the Ombudsman Institution where the creation of the Advisory
Council was provided for, was approved in 2012 (Agreement of the Spanish
Chamber of Congress and Senate Bureau of 25 January 2012, Official State Ga
zette no. 52, of 1 March). The procedure to appoint members to the Advisory
Council of the National Mechanism for the Prevention of Torture went into effect
by means of the Resolution of 27 February 2013 from the Spanish Ombudsman
(Official State Gazette no. 62, of 13 March).
THE OMBUDSMAN OF SPAIN