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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