Annual Report 2012: Spain’s National Preventive Mechanism
During the visit to the Spanish National Police Force station of the Usera-Vil
laverde district in Madrid, it came to light that, after the recording of statements,
lawyers and detainees held interviews in the area at the entrance of the prison
cells, without minimum privacy, since the police officers were located nearby in
order to visually control detainees, as the latter themselves declared. Given the
fact that at such facilities there are two rooms for the recording of statements,
with a small glass window in the door which would allow for visual control, a
Suggestion has been sent to the Directorate General of the Police for those rooms
to be used for interviews between detainees and their lawyers.
Due to the complexity of
the crime, there have been
detentions where the 72
hour- period has been used
up or even exceeded
The Spanish Constitutional
Court considers that the
practice of taking detainees
before a judicial authority
in the early morning the
day after completing the
police action prolongs
unnecessarily the
detention, thus infringing
Art. 17.2 of the Spanish
Constitution
Detainees get health
assistance when they
request it
42
21. During the visits carried out in 2012 the Institution requested information
and, while examining the Report of Custody and Registration of Detainees, were
able to verify that the majority of said detainees were handed over to the judicial
authorities within a maximum period of 24 hours. It is however true that there
have been cases in which, due to the complexity of the crime under investigation,
the detention has exceeded such time frame, nearly using up the 72 hours, and
even more, at times, although always with the appropriate authorization from the
courts. This latter scenario was detected at the Civil Guard post in the Algeciras
Port (Cadiz), where the judicial authority was requested to authorize the deten
tion for an additional period of 72 hours, so that detainees carrying drugs inside
their bodies may expel them.
As regards the handing over of detainees to the judicial authorities, it should be
recalled that it is reiterated case law of the Spanish Constitutional Court that in
fringement of Article 17.2 of the Spanish Constitution may take place not only on
exceeding the maximum absolute period of 72 hours accorded from the time of
the detention, but also when -within this maximum period- the temporary limit
regarding detention is exceeded, since it is no longer necessary due to the fact that
the investigation to clarify the occurrences had been carried out, and the de
tainee is however not released or taken before a judicial authority. In this sense,
said high court of justice has considered that the practice of taking detainees
before the judicial authorities in the early morning the day following the police
action, thus unnecessarily prolonging the duration of the detention, infringes the
aforementioned article. This does not imply that the existence of collaboration
protocols between the courts and the State Security Forces, which try to regulate
the transfer of detainees, is incompatible with the constitutional requirement of
not unduly prolonging the detention time of a citizen, since both provisions may
coexist reasonably, and the particular circumstances involved shall be pondered
in each case.
22. At the interviews held with detainees, all of them declared that, when they
requested the assistance of a physician, they were taken to a health center or the
health services were called to the facilities, thus complying with this right estab
lished in Article 520 of the Spanish Code of Criminal Procedure (abbreviated as
LEcrim in Spanish). On the other hand, during the visits to the Superior Police
THE OMBUDSMAN OF SPAIN
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