Annual Report 2010 by the National Preventive Mechanism against Torture
interrupted or cancelled
unless by order of the courts
and in circumstances of
terrorist activity
Based on this Office’s experience to date, the justification of these reasons is not
particularly strict and does not compromise the confidentiality of the lawyer
client relationship. The visits are held in booths, they are confidential and cannot
be interrupted of cancelled unless by order of the courts and in circumstances of
terrorist activity (art. 51.2 LOGP).
Searches are conducted on
both the inmates and their
cells. The frequency
increases according to the
inmates’ prison rating.
X-ray examinations require
the permission of the courts
During these inspection
visits, inmates do not
usually complain about the
way searches are
conducted
SGIP staff do not carry
weapons, and no access is
permitted by anyone who is
armed. As coercive
measures, use may be
made of provisional
solitary confinement,
personal physical force,
rubber batons, suitably
appropriate aerosol sprays
and handcuff
No irregularities have been
observed during the visits
148
354. For reasons of interior security, the prisons conduct searches on both the
inmates and their cells, with the frequency increasing according to the inmates’
prison rating. Whenever strip searches are conducted, these are authorised by the
Senior Duty Officer and are always performed by staff of the same sex as the
inmate, in a room apart from all the other inmates, with the inmate being provided
accordingly with a dressing gown. A written record is kept of both its performance
and the reason the measure was taken, with notification made to the prison
director. No provision is made in the rules for its notification to the courts,
although some prisons do report instances of strip searches. If the result of the
search is fruitless and there continue to be reasons to suspect that some item or
substance is being concealed in a body cavity, the prison director may ask the
competent courts for permission to use X-rays, as these are deemed to be invasive
tests.
During these inspection visits, inmates do not usually complain about the
way searches are conducted. Nevertheless, one of the inmates at Martutene
prison (Gipuzkoa) complained that two days earlier he had been the subject
of a strip search in one of the corridors on his row in front of all the other
inmates; with his consent, these circumstances were reported to the
Ombudsman’s Department of Security and Justice, with a view to conducting
the appropriate investigation, with the subsequent findings being that the
complaint was unfounded.
355. According to prison legislation, in the event of situations that cause a
disturbance of the peace, the following coercive measures may be used: provisional
solitary confinement, personal physical force, rubber batons, suitably appropriate
aerosol sprays and handcuffs. Pursuant to article 72 of the RP, the use of these
measures is to be proportional to the situation, to be applied solely for the time as
strictly necessary when there is no other gentler means, and they may not
constitute a covert punishment. Their use is to be authorised beforehand by the
director, except for reasons of emergency, in which case the director is to be
informed immediately, and they are to be reported to the court, with a record
kept in the inmate’s personal file. SGIP staff do not carry weapons, and no access
is permitted to a prison by anyone who is armed. The national security and police
forces, generally the Civil Guard, are responsible solely for guarding the perimeter
areas outside the prisons and do not have access to the blocks or the inmates’
communal areas.
Whenever this Office visits the prisons, it is normal practice to visit those inmates
who are subject to precautionary measures involving solitary confinement or
THE OMBUDSMAN OF SPAIN
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