Annual Report 2012: Spain’s National Preventive Mechanism
The «Teresa de Calcuta»
center does not have a
specific record book for
personal searches
Due processing of
disciplinary proceedings
Delays in responding to
reprehensible behavior are
detrimental for the
pedagogical value of the
sanction imposed
122
153. In respect to personal searches, at the «Teresa de Calcuta» center inspectors
were informed that whenever a minor returns from an outing or on admission to
the center, a superficial search is performed. It is not considered a full-body strip
search because the minor remains covered with a towel. Different testimony giv
en by minors in custody indicated that on occasions they are left totally nude
with exploration of body cavities (mouth and rectal area) being conducted by the
technical intervention assistants without the presence of medical personnel. This
was confirmed by staff members, who acknowledged that sometimes body cavi
ties were examined because on at least one occasion they discovered that an ado
lescent was trying to introduce a non-authorized substance in that manner,
which was reported to the Judge. Even though personal searches are common,
the center does not have a specific log in which to note when these searches are
performed, the cause, person in charge, director’s authorization and intervention
of medical personnel, if fitting, notification to the Judge if appropriate, as well as
notification of incidents, as indicated in paragraphs 407 of the 2010 Annual Re
port and 183 and 184 of the 2011 Annual Report, and article 54.6 of the Regula
tions of Juvenile Criminal Liability Organic Law 5/2000, of 12th January. It was
noted that on occasions the personal search is performed by a technical interven
tion assistant without any other staff member present. The intervention is not
recorded and there is no external monitoring to prevent potential abuses of au
thority or situations of conflict. In consequence, it is essential to ensure that per
sonal and property searches are always performed in the presence of an educator
or of the coordinator, as provided in the aforementioned paragraphs.
154. On examining the disciplinary proceedings at the three centers it was not
ed that they are properly processed and that only three to four days go by from
the time the procedure is initiated until it is resolved. In general terms, the policy
regarding application of the disciplinary regime at «Teresa de Calcuta» offers full
guarantees. An example of said policy is that minors are informed of their right
to appeal punishments imposed on them to the Judge. Analysis of the documen
tation revealed that about 15% of minor sanctions, 23% of serious sanctions
and 40% of very serious sanctions are appealed, with the Judge partially allowing
9% of the serious sanctions and 36% of the very serious sanctions.
In contrast to what happens in other centers, where filing an appeal does not stop
fulfillment of the sanction, at «Teresa de Calcuta» application of the punishment is
suspended until the resolution is received, which takes from one to three weeks.
This period of time is detrimental for the pedagogical value of the measures, given
that sanctions are effective in accordance with the immediacy between the act and
its consequence, which helps the minor associate both and not simply consider the
sanction as punishment. Given that legal criteria with due guarantees must prevail
over educational criteria, it is advisable in this sense that the judicial proceedings
be speeded up to allow for a faster response and thus maximize the educational
value of the sanctions. In this sense, in reviewing the disciplinary proceedings at
the «Zambrana» center, it was noted that in some cases more than 30 or 40 days
THE OMBUDSMAN OF SPAIN
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