Annual Report 2012: Spain’s National Preventive Mechanism
It is worth noting the good
practice of the Catalan and
Basque autonomous police
forces which have
computer systems for the
information and
monitoring of the
detention
The Record of custody must
include a note on the strip
searches performed
The specific reasons
for the strip searches
must be detailed
46
As regards the remaining Security Forces, the Local Police force in Bilbao (Bis
cay), even though it keeps a computerized individual registration sheet for
each detainee, it does not include in detail all the difficulties which may occur
in the chain of custody of detainees. On the contrary, at the Local Police in
Marbella (Malaga), the Institution noted the existence of individualized sheets
for each detainee in which all the difficulties, which may occur, are included.
The Local Police of Tafalla (Navarre) uses a single record book of detainees,
which does not describe in detail the chain of custody of detainees, according
to the criteria described in paragraphs 223 of the 2010 Annual Report and 54
of the 2011 Annual Report, and it also does not have an independent record
book to register the minors in detention, which should be remedied. The Nava
rre autonomous police force in Estella (Navarre) also does not have a record
book of detainees who are minors. It is worth noting the good practice of the
Catalan and Basque autonomous police forces which have their own computer
systems for the information and monitoring of the detention, where all the dif
ficulties that occur in relation to the detainee at hand are registered. Thus, both
the chain of custody and the incidents are guaranteed. As it continues to be
common usage in the prison cell area of the court buildings, the Court of Jus
tice of Merida (Badajoz) did not have a registration book of detainees and pris
oners which pass through the prison cells of such facilities daily. This is a
shortcoming that was also detected in the case of the Navarre autonomous
police force in Estella (Navarre), since it shares the prison cells of the court
building of said town.
29. It is still common not to record the practice of strip searches in the Record of
Custody of each detainee. The justification provided by the custody officers is that
if they are not recorded it is because this type of search does not occur, but this
circumstance is not compatible with some statements taken at the interviews
carried out during the visits in 2012. Thus, during the visit to the Spanish Na
tional Police Force station in the Vallecas district (Madrid), all the detainees,
with the exception of a woman, declared that they had been ordered to remove
their clothes piece by piece, taking their underwear down to their knees, and they
were forced to do “sit-ups”. As declared by all detainees that were at the Spanish
National Police Force station in the Usera-Villaverde district (Madrid), all of
them had been subject to this type of search, as well as nearly all those inter
viewed at the Superior Police Department of the Spanish National Police Force in
Western Andalusia (Seville).
In the occasions where it was possible to check that the strip search practice was
recorded, as are the cases of the computerized individual sheets of the Local Po
lice in Bilbao (Biscay) or of the Basque autonomous police force in its computer
software, it was observed that the specific reasons for such action were not
expressly detailed, contrary to the criteria established in paragraphs 139 of the
2010 Annual Report and 55 of the 2011 Annual Report.
THE OMBUDSMAN OF SPAIN
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