Long-term Deprivation of Liberty
also lacks computer records of disciplinary proceedings and application of re
straint methods and personal searches, making it impossible to store, process,
and sporadically consult data and to prepare reports and statistics regarding
these matters. A recommendation was made to have these deficiencies corrected.
The «Zambrana» center has a computerized Record of requests, complaints and
appeals where the ones made in writing and presented in open or closed enve
lopes are recorded, but not the ones submitted verbally. On consultation of this
Record, it was noted that 210 requests, complaints or appeals had been made
since 1st of January 2012 until the day prior to the inspection visit, of which 45
were submitted in closed envelopes, and that when they were submitted in open
envelopes the content appeared in the section of the form labeled as «Matter».
151. The «Zambrana» center also has Record of means of restraint, in which it
was noted that from the 1st of January 2012 until the day of the inspection visit,
only personal restraint (on 91 occasions) and physical restraint (on 56 occasions)
were recorded. The Record does not indicate, in any of the interventions except
one, that temporary separation had to be employed, even though the computer
program used to record the interventions does have that option. Several reports
of incidents were randomly examined and it was noted that temporary separa
tion in the area of the center specifically intended for that purpose was not infre
quent, as confirmed by the minors interviewed, some security guards and mem
bers of the management team. The latter justified the fact that it did not appear in
the Record of means of restraint because it was considered an «educational meas
ure» or «a measure to distance the minor from the others until he/she calmed
down following an incident», not comparable to a real separation.
The «Zambrana» center
The 2011 Annual Report of the «Teresa de Calcuta» center contains references to 90
physical restraints (64 in units where minors live together and 26 in the therapeutic
unit), as well as 317 separations from the group. According to these figures, ap
proximately one out of three minors in custody in units where minors live together
and one out of two in therapeutic units have been restrained. The structured inter
views carried out by the external specialists with the minors revealed considerably
higher figures of minors who said they had been restrained in the course of the past
month, indicating either that not all restraints are recorded by the center, or dis
crepancies regarding what is considered to be a restraint, with the ones not consid
ered as such recorded administratively, and what the minors declare in the inter
views as a restraint. However, it was not possible to establish the exact manner in
which restraint statistics are determined in order to verify their reliability.
According to the annual
At the «Las Palmeras» center there is no Registry of application of means of re
straint, although a report is drafted and included in the minor’s personal file, as
verified. The director informed the inspection team that since the center was
opened, restraint had only been applied on five occasions, two years ago, to two
female minors (three times on one and twice on the other). Personal restraint is
always applied by an intervention assistant technician and if necessary the assisTHE OMBUDSMAN OF SPAIN
has a Record of means
of restraint
report of the «Teresa de
Calcuta» center, in 2011 90
physical restraints were
performed
At the «Las Palmeras»
center there is no Registry
to record the application of
restraint measures,
although a report is drafted
and attached to the minor’s
personal file
119
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