Long-term Deprivation of Liberty
At the A Lama Prison (Pontevedra), a swastika painted on a piece of paper was
found stuck on the wall of one of the cells of the solitary confinement module. It
was removed following instructions given by the Ombudsman Institution’s staff,
as this type of situation is unacceptable. The presence of this kind of sign should
be avoided by means of appropriate inspections of cells.
113. At the prisons of Araba/Alava and A Lama (Pontevedra) there were no
guidelines in respect to the obligatory medical examination, or regarding the con
tent of the reports, in situations of solitary confinement or regimental limitations
and personal protection measures of Article 75 of Prison Regulations. In conse
quence, an appropriate protocol should be established for the medical examina
tion to be performed in these cases, including supervision of cell conditions.
A protocol must be drawn
114. In respect to obligatory collaboration with the Justice Department in the
event of acts which could be considered an offense, it was noted that at the wom
en’s prison of Barcelona, when an injured inmate was treated by the medical ser
vices for injuries due to a fight with other inmates, said services only inform the
prison Director, who depending on the severity of the injuries decides whether or
not to inform the judicial authorities. Moreover, at the Araba/Alava prison, the
medical services only issue the corresponding report of injuries when the patient
informs them that they were caused in a fight with other inmates or in an alterca
tion with prison staff. An examination of the reports of injuries at the Murcia II
prison revealed that medical service doctors did not always fill out the obligatory
report of injuries in all cases treated, which should be done irrespective of the
etiology and even in the absence of objective injuries. In consequence, the com
petent administrations have been reminded that when an inmate is treated by the
medical services for injuries the origin of which could be an offense, they must
systematically fill out the corresponding report of injuries and forward it to the
competent judicial authority, in accordance with the provisions of Section 262 of
the Criminal Procedure Law.
The report of injuries must
Moreover, it should be stressed that the speed with which the corresponding re
port of injuries is forwarded to the Duty Court is essential. Although the Crimi
nal Procedure Law does not specify a deadline, it does state that the report must
be forwarded «immediately». This is to enable the Judge to adopt a decision pur
suant to his/her criterion and the contents of the report and order that the inmate
be examined by the forensic doctor as soon as possible in order to thoroughly
document and analyze the injuries, because if the forensic doctor does not have
immediate access to the injuries, these could undergo modifications making it
more difficult to interpret the injury mechanism or other aspects of major medi
cal-legal importance.
The report of injuries must
115. As regards the content of injury reports, in the inspection visits to the pris
on it was noted, like in previous inspections, that photographs are not included
in the reports and that in many cases the reports do not comply with the criteria
specified in Paragraphs 357 of the 2010 Annual Report and 144 of the 2011 An
nual Report. At the Araba/Alava prison and the women’s prison of Barcelona,
The reports of injuries must
THE OMBUDSMAN OF SPAIN
up for the appropriate
medical examination in
these cases, including
supervision of the
conditions of the cell
be filled out systematically
and forwarded to the
competent judicial
authority
be forwarded immediately
to the corresponding
Duty Court
include photographs
97
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