Places of Medium-Term Deprivation of Liberty
the repatriation of women who have come ashore along the coastline and are
accompanied by babies.
Furthermore, most of the CIEs do not have the family modules referred to as
“módulos de convivencia familiar” and, when they do have them, they tend not to
use them, as there are no dedicated canteens or yards that cater for the true
coexistence of a family unit, and involve additional staff requirements in terms of
guards that are difficult to fulfil. The standard practice followed in the few
incoming cases of entire families is to send the father to the men’s area and keep
the mother and minor together, with the father being allowed, at the most, to
spend a few hours with his family.
Most of the CIEs do not
284. The inspection visit to the CIE in Algeciras (Cadiz) included interviews
with several women who indicated that they had yet to reach legal age. A
check made of these women’s files provided the result of the corresponding
bone-measurement tests that the Attorney General used as the basis for the
presumption of legal age of these people. Nevertheless, attention was drawn
to the fact that depending on the medical team and the medical centre where
these tests were carried out, the results were exactly the same, filled in on a
standard form on which exactly the same conclusions were reached for the
different people examined, with no personal data or clarifications for each
individual case. Thus, for example, the tests conducted at the Hospital Clínico
San Cecilio in Granada for two cases on the same day reported that the
individuals examined were, in the doctor’s opinion, “aged 18 or over”, and
the tests conducted at the Hospital Materno-infantil “Virgen de las Nieves”,
in the same city, for four consecutive cases, the result was “over 21”. None of
these examples considers the application of the age brackets established by
the method used (Greulich and Pyle). Regarding this matter, the State Attorney
General is being petitioned to call upon attorneys to require medical reports
to be more accurate and comprehensive.
Bone-measurement tests
have family modules
have been conducted to
determine the assumption
of legal age in the event of
any doubt.
Nevertheless, the State
Attorney General is being
petitioned to call upon
attorneys to require
medical reports to be more
accurate and
comprehensive
II. Military Detention Centres
285. Public General Act 8/1998, of 2 December, is the legislation governing the
The armed forces’
Disciplinary Regime of the Spanish Armed Forces. The punishments that officers
disciplinary regime is
in the armed forces can impose upon their subordinates following the committing
of serious faults, as provided for in article 8 of the aforementioned act, may involve
a period of detention ranging from one month and a day to two months, to be
governed by PGA 8/1998,
of 2 December.
The disciplinary measures
for serious faults may
served in a Military Detention Centre (EDM) (art. 9.2). Nevertheless, article 69 of
involve a period of
the same act provides for concurrent cases of two or more disciplinary measures
detention ranging from
extending to a maximum of four months of deprivation of liberty. On the other
hand, the second paragraph of article 14 of said act permits this detention to be
one month and a day to
two months
effected in a military establishment other than an EDM in justified cases. Articles
THE OMBUDSMAN OF SPAIN
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