Places of short-Term Deprivation of Liberty police forces must be called in. Under the relevant instruction (rule 8) the general criterion applicable is “the utmost respect for the sexual identity of the person searched, particularly in the case of transsexuals”. 70. Although it is not expressly mentioned in Article 520.2 of the LECRIM, rule There must be a written 3 of SES Instruction 12/2007 establishes that detainees must be informed of their record of the information constitutional right to request habeas corpus if they consider that their arrest is not justified in law or has taken place unlawfully, and must be provided with the relevant form for this purpose. However, personnel at some of the establishments provided to detainees concerning their constitutional right to request habeas corpus visited reported that no written notice of this possibility was given. A written record of the information provided must be kept. 71. Police stations and other places of short-term deprivation of liberty are The need to properly required to keep the following record books: a log of presentation for maintain the Detainee identification in line with Article 20.3 of Public General Act 1/1992 on the protection and security of citizens; a log of juvenile detainees (regulated by SES Instruction 7/2005); a log of actions involving homeless personas sheltered at Registration and Custody Log was pointed out in those cases where this was not being done police establishments (regulated by SES Instruction 1/2001); a log of telephone telegrams, a log of complaints and suggestions and the Detainee Registration and Custody Log. SES Instruction 12/2009 establishes that this last book must be used to record all incidents concerned with adult detainees (reason for arrest, any incidents during the arrest and transfer, identity of the officer in charge of the detainee at all times, belongings confiscated, personal details, etc.) along with any other relevant incidents (searches conducted, meals, visits, legal counsel, medical assistance, bringing before courts, etc). This is considered to be in line with principle 12 of the BPP. Use of this log was phased in at police establishments during 2010. However, it was observed during the inspection visits made that at those establishments which handle large numbers of detainees (e.g. the Central Registry of Detainees in Madrid and the Central District police station in Madrid) the log was not always properly kept up. Cases were also found in which the log was not being properly filled in: sections were being left blank and events that should have been recorded were omitted, e.g. meals and searches. The need to correct these failings was pointed out. 72. Particular points concerned with the treatment of juveniles by the CNP are The treatment of juveniles covered by SES instruction 11/2007. Actions which may entail deprivation of by the CNP is regulated by liberty must be carried out by specialist juvenile units (GRUMEs). Juveniles must SES Instruction 11/2007 be held in separate police facilities and their holding in cells must be avoided so far as possible. They must be allowed visits from their families, guardians or legal representatives and suitable measures must be taken to prevent this from affecting police investigations, except in those cases envisaged in Article 520 bis of the LECRIM or when considered unadvisable (Art. 17.2 LORPM). Insofar as possible, juveniles must be transported in unmarked vehicles by officers in plain clothes. THE OMBUDSMAN OF SPAIN 57

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