Annual Report 2012: Spain’s National Preventive Mechanism
books in which these measures are recorded and some of the files of inmates to
whom they had been applied.
The notifications to the
Parole Judge do not specify
the causes that give rise to
the adoption of these
measures
The frequency of their
application does not
correspond to what should
be exceptional
The period of time during
which the limitations are
applied is excessive
92
105. First of all, during the inspection visit to the Ocaña II prison (Toledo), it
was noted that the notifications to the Parole Judge regarding application of Ar
ticle 75.1 of Prison Regulations did not specify the exact causes that gave rise to
adopting the measures. Instead, standard forms were used which only indicated
that the measure had been taken for «the security and good order of the estab
lishment». According to information provided by inmates and confirmed by the
Director, when an inmate’s mobile phone is seized, Article 75.1 of Prison Regula
tions is systematically applied for about one month, after which a disciplinary
proceeding is opened for possession of forbidden objects. In these cases applica
tion of the article does not seem justified, bearing in mind that the rapid process
ing of the disciplinary proceeding or the adoption of other less harmful measures
could satisfy the intended objectives with greater guarantees for the inmate, and
that the current systematic application turns out to be a double punishment for
the same incidents, given that the time spent by inmates in solitary confinement
is not even discounted.
106. In respect to the frequency with which Article 75.1 of Prison Regulations is
applied, during the inspection visit to the Ocaña II prison (Toledo), it was noted
that in 2012 and up to the date of the inspection (in the month of December), the
said article was applied on 37 occasions to 33 inmates, which entails approxi
mately 8% of inmates, taking into account occupancy at the prison on the day of
the inspection visit. This figure does not seem to correspond to the exceptional
nature of application, which must govern the use to this measure. In consequence,
the SGIP has been told that it would be appropriate to review the circumstances
in which the said article of Prison Regulations is applied.
107. In respect to the duration of this measure, in 2012 most of the cases in which
it was used at the Ocaña II prison (Toledo) lasted about one month. Furthermore,
although the Director of the prison stated that these regimental limitations are
applied for a maximum period of one month, in six cases they lasted to six days
more than one month. The limitations were even applied three successive times to
one inmate, making a total of 3 months with only two days of respite. This period
of time is much too long; in consequence application of Article 75.1 of Prison
Regulations should also be reviewed in this matter. On the other hand, in 11 cases
the regimental limitations only lasted one day, and even just a few hours. In these
cases, there do not seem to be sufficient reasons to justify adopting such excep
tional measures, for situations which, apparently, were quickly resolved, instead of
recurring to other measures, such as provisional solitary confinement. At the Araba/Alava prison, the Director stated that normally this article is not applied for
more than three days, although all of the inmates to whom the article was being
applied at the time of the inspection had been in that situation for at least 9 days,
with one that had even been subject to limitations for two and half months.
THE OMBUDSMAN OF SPAIN
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