Annual Report 2010 by the National Preventive Mechanism against Torture
Detainees held for longer
109. In cases when detainees need to remain in holding areas for longer than 24
than 24 hours should be
hours, and when advisable for medical reasons, they should be allowed out of
allowed out of their cells for
exercise
their cells for exercise, but this is only done in exceptional cases. In the private
interviews conducted during the inspection visits, several detainees mentioned
this shortcoming. The points made in paragraph 62 above also apply here.
Visits by legal counsel and
110. It was reported that the only visitors permitted to see detainees were their
consular staff (when
legal counsel and consular staff in the case of foreign nationals. Visits from
relevant) are permitted
family and friends are permitted only with the authorisation of the investigating
magistrate, in accordance with Article 523 LECRIM, implemented as per SES
Instruction 12/2007.
The GC employs the means
111. Civil Guard officers employ the means of restraint generally used by
of restraint generally used
security forces, as regulated by Article 525 LECRIM, implemented as per SES
by the security forces of the
state
Instruction 12/2007 (rules 7 and 9). These regulations stress the principles of
exceptional circumstances and proportionality. In the course of the inspection
visits carried out it was not possible to establish a general criterion concerning the
handcuffing of detainees and the circumstances in which this is done.
In holding areas GC officers
112. GC officers usually take off their regulation firearms when they are in a
either do not wear their
holding area, or at least remove the magazine. However, these precautions are not
firearms or remove the
magazines
taken at the command headquarters in Ávila or at the barracks in Alsasua
(Navarre) and El Prat de Llobregat airport (Barcelona). As mentioned above, in
some cases detainees are guarded by the same officers who guard the main
entrance to the establishments, who are of course armed. These two tasks should
therefore be separated.
Guards are not always
113. On several inspection visits it was observed that officers on guard duty
properly identified
were not always properly identified, in breach of SES Instruction 13/2007. Cases
in point include the command headquarters in Gijon and Oviedo (Asturias),
Palma de Mallorca (Balearic Islands) and Santander (Cantabria) and the barracks
in Inca.
The situation as regards
114. The situation as regards searches, strip searches and the confiscation and
searches, strip searches and
storage of belongings is basically similar to that indicated for the CNP in paragraphs
the confiscation and
storage of belongings is
similar to that indicated for
the CNP
67 to 69 above. In the course of the inspection visits it was observed that the
regulation heat-sealable bags were unavailable at the command headquarters in
Tarragona or at the barracks in El Astillero and Torrelavega (Cantabria), Inca and
Sant Antoni de Portmany (Balearic Islands), Jerez de la Frontera (Cadiz) Malaga
and El Prat de Llobregat (Barcelona) airports. It was requested that bags to be
provided in order to guarantee proper storage of belongings. After the inspection
visits to the command headquarters for Guipuzcoa (San Sebastian), Las Palmas
(Las Palmas de Gran Canaria), Vizcaya (Bilbao) and Zaragoza and the barracks in
Alsasua (Navarre), Casablanca (Zaragoza) and Guzmán el Bueno in Madrid it
72
THE OMBUDSMAN OF SPAIN
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