Annual Report 2010 by the National Preventive Mechanism against Torture
available. Detainees have access, at different times to those corresponding to the
personnel posted at the barracks housing the EDM, to the general sports and
culture facilities (library). All the establishments visited, with the exception of the
one in Ceuta, have sports facilities.
Detainees are not allowed
300. There are telephones in the communal areas, which detainees can use to
to use mobile phones
make and receive calls. The regime governing the use of these phones is contained
in article 10 of Ministerial Order 97/1993, which lays down a system for authorising
calls. Detainees are not allowed to use mobile phones, which are confiscated upon
arrival. Given the administrative nature of the deprivation of liberty analysed
here, it does not seem reasonable that the actual state of deprivation of liberty
should be compounded by additional punitive measures, such as the restriction
of calls.
They are located at military
301. Visits from family members and friends are allowed within an ample array
facilities outside the city
of timetables and durations. With the exception of the cases of Ceuta and Melilla,
limits, except in Ceuta and
Melilla, which hinders visits
by family members and
friends
the EDMs visited are located within military facilities, which are outside the city
limits, so there are limited options for accessing them by public transport,
although there is sufficient parking space for possible visitors. Visitors may give
the detainees personal items but not food.
No provision is made for
The regulations stipulate that the privacy of communications, which are made in
intimate visits
dedicated rooms, should be upheld. No provision is made for intimate visits, a
matter that should be included in the everyday regime of EDMs.
Special permissions are
302. The regulations at EDMs stipulate that in the event of the death or serious
granted for leave
illness of a spouse or equivalent partner, parents, children or siblings, birth of the
partner’s child or other circumstances of an equally important nature, and duly
verified, special permission may be granted for leave of up to 72 hours, which
may be extended by the authority that imposed the custodial sentence.
They may receive visits
303. The EDMs do not have specific areas set aside for religious worship.
from ministers of their own
Detained military personnel may be visited by a minister of their faith and, within
religious faith
the possibilities provided by each centre, take part in the religious ceremonies
held at the barracks or base, if they so wish.
The timetable for visits
304. Pursuant to article 53.1 of Public General Act 8/1998, all military personnel
from legal counsels is from
disciplined have the right throughout their proceedings to receive the counsel of
8 a.m. to 6 p.m., although
they may be authorised at
any other time
the lawyer or member of the military appointed accordingly. Given that
disciplinary measures of this nature are enforced immediately (art. 67 in PGA
8/1998) and that an individual may be remanded in custody, there is a need to
ensure the detainee can contact the person providing counsel in order to
orchestrate their defence and appeal processes. Visits by legal counsels may be
made throughout the day from 8 a.m. to 6 p.m., although they may be authorised
128
THE OMBUDSMAN OF SPAIN
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