Places of Long-Term Deprivation of Liberty
have been confined to their cell for disciplinary reasons, and no irregularities have
been observed during the course of the same, with it being noted that medical
staff visit these inmates on a daily basis.
to inmates in solitary
356. The inmates’ disciplinary regime should be designed to uphold their safety
and peaceful coexistence. Upon arrival, the inmates are informed of its nature:
the offences that can be committed (rated as minor, serious or very serious), the
disciplinary measures they may involve (confined to the cell for up to 14 days,
detention for up to 7 weekends, withdrawal of permissions for leave, restriction
on oral communications, withdrawal of the right to go outside and take part in
communal recreational activities and a warning), the written procedure to be
followed for imposing a disciplinary measure, and the appeals that can be lodged
against it before the courts.
Upon arrival at the prison,
During some of the prison visits, a selection of the disciplinary files has been
examined, with no irregularities detected. However, this Office has been unable
to gather any statistics on the disciplinary measures applied to inmates, so it has
not been possible to know how many proceedings have been instigated, how
many decisions have been contested before the courts and how many have been
revoked by the courts. The prisons should provide these statistics, given the
importance of the information they contain.
It has not been possible to
357. A perusal of some of the individual files reveals that it is commonplace for
the medical reports issued after an examination of the injuries caused by incidents
or disturbances to be very brief, although any medical examination arising from
a disturbance or incident should follow a procedural protocol that fulfils certain
minimum standards of good professional practice. Furthermore, in the event of
complaints or accusations of torture or ill treatment, or even when there is not a
formal complaint but there are signs that an act of this nature may have been
committed, an investigation is to be opened that complies with the provisions of
the “Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment”, commonly
referred to as the Istanbul Protocol.
It is commonplace for the
358. Inmates are entitled to make requests and complaints, which they may
submit — in a sealed envelope if they so wish — to the courts, to the prison
authorities, to the Ombudsman or to any other authority. It fairly often
happens that there are letters or requests that are not answered by the
authorities, with this being the reason, this Office was told, that the system for
managing these complaints and requests is being overhauled to avoid
subsequent incriminations.
Inmates are entitled to
Independently of the regular inspection visits made to the JVPs, a steady
increase has been observed in the latter’s use of CCTVconferencing systems for
responding to inmates’ complaints and for holding interviews with them, as
noted at Albocásser (Castellon) and Pereiro de Aguiar (Ourense). Greater use
THE OMBUDSMAN OF SPAIN
confinement
inmates are informed of
the disciplinary regime
obtain statistics on the
disciplinary measures
imposed on inmates
medical reports issued after
an examination of the
injuries caused by incidents
or disturbances to be very
brief. An investigation is to
be opened that complies
with the provisions of the
Istanbul Protocol
make requests and
complaints
A steady increase in the use
of CCTVconferencing
systems for responding to
inmates’ complaints and
for holding interviews
with them
149
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