Annual Report 2012: Spain’s National Preventive Mechanism
The visit lasted for three
days
In addition, it has
supervised a flight for the
repatriation of foreigners,
organized by the European
Agency for the
Management of
Operational Cooperation
at the External Borders of
the Member States of the
European Union (FRONTEX)
18
The Assisted Living Residence “San José”, located in Toledo, was inaugurated in
1977 as a psychiatric hospital, to cater to a population which was distributed in
two focus areas: the disabled and the elderly. Said facility is the largest center with
these characteristics in Spain. It has a staff of 413 professionals and a capacity for
up to 400 people. With this first visit, the NPM starts a new working perspective.
The visit, which lasted for three days, examined, on the one hand, the potential
deprivation of liberty which some residents might be subject to if they were placed
in the center without their consent; and, on the other hand, the living conditions
and the care which was provided, on a general basis, to all residents of the center,
as well as the use of physical and pharmacological restraints. For the social health
aspects, it was considered necessary that the team of the visit include a psychia
trist, a psychologist and a general practitioner, as external technicians. The con
clusions shall be analyzed in the relevant section of this report.
In addition, through FRONTEX, an agency which started operations in May
2005, joint flights of the Member State countries were organized for deportation
of third-country nationals who are subjects of removal orders. Out of these
flights, the NPM has had the opportunity to supervise, unannounced, a flight
organized by the Netherlands. Such country, together with France, Germany,
Norway and Sweden, was removing from the territory a total of 24 Nigerian citi
zens. At Madrid-Barajas airport 5 citizens who had been expelled from Spain
were embarked, as well as 2 from Portugal and 3 from Greece. During the whole
operation, each expelled person is under custody by the police force of the respec
tive country which has ordered their deportation. The Spanish team for the repa
triation of the 5 Nigerian citizens consisted of 11 people: the Head of the opera
tion and the Head of the escort team, who was in charge of the team made up of
another 9 officers from the Central Unit for Deportation and Repatriation
(UCER). During the visit, the Central Unit for Deportation and Repatriation fa
cilities at Madrid-Barajas airport were inspected, and the team watched the whole
process, from the arrival up to the embarkation of the persons that were going to
be expelled. This consisted of the supervision of the transfer vehicles, examina
tion of the deportation and repatriation documents, personal search of the repat
riated persons, stay at the waiting areas, escorting the repatriated persons in “ap
proach vehicles” (jardineras) up to the parking place of the aircraft and, finally,
embarkation thereon. In addition, while waiting, the team had the opportunity
to conduct interviews with the five Nigerian citizens that were going to be de
ported by Spain.
THE OMBUDSMAN OF SPAIN
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