Annual Report 2012: Spain’s National Preventive Mechanism
said notification is obligatory, at least when the punishment entails separation
from the group imposed due to a serious or very serious infraction.
Greater pedagogical
participation of educators
in conversations between
the adolescents regarding
reprehensible behavior
The rooms for visits at the
«Teresa de Calcuta» center
infringe on the right to
personal and family
privacy
124
157. The minors interviewed and the Director of «Las Palmeras» stated that mi
nors are forbidden to talk to each other about certain topics and that educators
control all their conservations in order to monitor the prohibition. After having
detected the same prohibition and control at the center for juvenile offenders «Pi
Gros» in Albacete, the NPM expressed its criterion in paragraph 182 of its 2011
Annual Report, considering that said prohibition and constant supervision con
stitutes arbitrary and undue rigor in the application of rules and an unnecessary
interference in the right of minors to communicate freely. The reeducational pur
pose of centers for juvenile offenders is not achieved by forbidding that they dis
cuss certain topics, such as extolling criminal pursuits, techniques for commit
ting offenses, defending drug consumption, etc. In consequence, more than
prohibiting this type of conservation, educators should intervene with a negative
assessment of this kind of behavior so that the juveniles can understand their
arguments.
158. The entrance doors to the visit rooms at «Teresa de Calcuta» center are one
way mirrors through which the inside of the room can be seen at all times. Dur
ing family visits, the technical intervention assistants can observe and listen to
what is going on inside without being seen. These security and surveillance con
ditions in the visit rooms are measures that invade the right of personal and fam
ily privacy, provided there are not suspicions of a relationship of verbal or physi
cal abuse between parents and child or vice-versa. Many of the minors interviewed
declared that this control caused them great anxiety. «I don’t think it’s right that
the security guards are in back of the mirror.» «Not enough time and with an
intervention assistant technician watching you, even if the visits are not super
vised.» «Because I need privacy to express myself to my family, without having
supervisors speculate on what I’m talking about.» «Because there’s a supervisor
watching you through a tinted window.» «Because they have windows and they
invade my privacy.»
THE OMBUDSMAN OF SPAIN
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