Medium-term Deprivation of Liberty
58. In relation to the injury reports which may be issued after a police operation,
regarding both inmates and officers, during the visits undertaken to the CIEs in
Barcelona, Madrid and Valencia it was noticed that those issued to inmates were
sent to the overseeing court or to the court that authorized the internment, while
the reports issued to the police officers were sent to the Local Criminal Court on
duty. For this reason, it was requested from the Directorate General of the Police
that all reports be jointly sent to the latter, which has been accepted by such gov
erning body.
Injury reports must be sent
59. During the visits carried out in 2012 it has continued to be noticed that at the
CIEs there is a cohabitation of foreign citizens who are going to be removed from
the national territory, some of them coming from prison while others held there
just for a mere irregular stay in our country. The latter has complained of this
fact. In the specific case of Valencia it was reported that 86% of the persons held
there until May 2012 had a criminal or police record, although no details were
given on what part of that percentage corresponded only to those with a criminal
record. It is necessary to point out that the Spanish Ministry of the Interior usu
ally provides data disaggregated by “qualified” and “unqualified” expulsion, and
it is impossible to obtain data on those foreigners that are held and have a crimi
nal record, as opposed to those with a police record. Due to the above, it is neces
sary to improve the quality of statistics in order to have a clear knowledge of the
percentage of foreigners held and deported who have a criminal record, differen
tiating them from those who only have a police record.
It has continued to be
60. The lack of social assistance services referred to in paragraph 82 of the 2011
Annual Report, which was detected in all the CIEs except for the one in Madrid,
is pending the new regulation for the organization and operation of CIEs which,
according to a report from the Directorate General of the Police, shall provide for
such possibility.
Lack of social assistance
61. The lack of notification to inmates regarding the time they will be deported,
already pointed out in paragraph 84 of the 2011 Annual Report, has been the sub
ject of complaint at the visits undertaken to the CIEs in Madrid and Valencia. In
the latter, the director reported that he had submitted this matter to the Central
Department so that the criteria applicable to all centers may be unified. In that
regard, this Institution has been pleased to learn of the Ruling of 30 March, from
the Local Criminal Court no. 8 of Las Palmas de Gran Canaria, acting as oversee
ing court of the Barranco Seco CIE, where it stated that the communication to
inmates regarding their expulsion or release from the CIE must be made with a
minimum of 12 hours prior to its implementation, in line with the trend followed
by other courts, amongst them those overseeing stays at the CIE of Madrid.
The lack of notification
62. As regards the video-surveillance of these centers, which was referred to in
paragraphs 261 of the 2010 Annual Report and 87 of the 2011 Annual Report,
after the visit carried out to the CIE of Barcelona some cameras have been in
stalled in a space intended for a library and in another space used for the tempo-
The installation of cameras
THE OMBUDSMAN OF SPAIN
to the Local Criminal Court
on duty
noticed that at CIEs there
are foreigners coming from
prison who coexist with
others who are interned
due to an illegal stay
services
regarding the time when
they will be removed has
been, again, a reason for
complaint by inmates
has been requested at
those facilities which had
none
71
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