Short-term Deprivation of liberty
20. As was highlighted in paragraphs 468 of the 2010 Annual Report and 44 of
the 2011 Annual Report, this Institution considers that access to a lawyer in the
period immediately after the beginning of the deprivation of liberty is essential for
the prevention of torture and ill-treatment. However, in the majority of the facili
ties visited the Institution has continued to notice that the request for legal aid is
made at the time when authorities will proceed to record the statements of the
interested party, with the exception of the Superior Police Department of Western
Andalusia (Seville), the Civil Guard barrack in the Algeciras Port (Cadiz), the
Spanish National Police Force stations in the Carabanchel district (Madrid) and
Medina del Campo (Valladolid), the Catalan autonomous police force station in
Sabadell (Barcelona) and the Local Police of Fuengirola and Marbella, in Malaga.
Access to a lawyer
In the Report of Custody and Registration of detainees at the Malaga provincial
police headquarters it was noticed that some of the custody records included notes
saying that the detainee had held an “interview” with police officers, before giving
evidence and having the assistance of a lawyer. This Institution considers that, in
such cases, the custody record such expressly mention the purpose or goal of such
interview which, under no circumstances may entail a recording of statements, as
well as the duration thereof. In this sense as well, one of the detainees interviewed
at the police station of the Spanish National Police Force station in the Actur-Rey
Fernando district (Saragossa), declared: “The officers tried to interrogate me but I
demanded that my lawyer be present, and he arrived that night”. This testimony
matches the one made by a female legal counsel who was present at the time of the
visit, about it “being current practice that the officers interrogate detainees before
the recording of statements in the presence of their lawyer”. In this regard, the
Directorate General of the Police has reported to be unaware of this bad practice,
as well as there being no complaints in relation to these facts and that, should it
detect them, such complaints would be appropriately amended.
The custody records must
immediately after being
deprived of liberty is
essential
include a note on the
purpose and goal of the
interviews held with police
officers, before giving
evidence or having the
assistance of a lawyer
Custody record at the
Spanish National Police
Force station in Malaga,
which shows that the
detainee was interviewed
twice before the recording
of statements in the
Photograph 2
presence of a lawyer
THE OMBUDSMAN OF SPAIN
41
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