Annual Report 2010 by the National Preventive Mechanism against Torture
Atxilo: computerised
140. The detainee custody log is computerised, and uses individual files known
detainee custody log,
as Atxilo. These files contain detailed information on and the precise times of all
comprising highly detailed
individual files. The
truthfulness and accuracy
events during the period of detention. It was observed on the inspection visits
that the system was located outside the holding areas and was handled by staff
of records is checked via
other than those in direct contact with detainees. Custodial officers report any
external audits
events that require registration to their control centre by means of audio alerts.
The accuracy and truthfulness of the entries recorded are checked regularly by
means of external audits in which the details logged are compared with surveillance
camera recordings.
No information on the
141. The officers in charge of the establishments visited indicated that detainees
possibility of requesting
were not informed either in writing or verbally of the possibility of requesting
habeas corpus
habeas corpus.
Efforts are made to avoid
142. As a general rule every effort is made to avoid juvenile detainees being
juveniles being held in cell
held in cells or handcuffed unless the situation is deemed to require such
measures.
17 persons detained
143. According to the data reported to this Office by the Department of the
in 2010 were held
Interior of the Basque Government, in 2010 the Anti-Terrorist and Information
incommunicado
Division of the Ertzaintza made 17 arrests in which detainees were held
incommunicado. The regime applied was that indicated in the basic regulations
alluded to in paragraph 38 above. This regime was applied to around 0.2% of
the persons detained by the Basque autonomous police force and held in cells
that year, according to the data shown in the table adjoining paragraph 120
above.
A visit was arranged to the
A visit was arranged to the Territorial Headquarters of the said Division in
territorial headquarters in
Arcaute (Alava) when it was learned that there were two detainees being held
Arcaute (Alava) when it was
learned that there were two
detainees being held there
incommunicado
incommunicado there. This facility is based in a complex that houses the force’s
training academy among other services. The visit included individual, private
interviews with both the detainees held incommunicado, a meeting with the
forensic specialists in charge of examining their physical and mental state, a
detailed examination of the installations, a check on detainee treatment
procedures and an inspection of recordings from various cameras installed in
the holding area.
In theory the facilities
144. The holding area there comprises twelve cells arranged along two parallel
can hold up to
corridors, one used by the Traffic Division and the other by the Anti-Terrorist
6 incommunicado
detainees
and Information Division. The six cells used by the latter division all have secure
pre-cell areas and double doors. In theory the facilities are capable of holding 6
persons incommunicado, as the cells used by the two divisions are not used
simultaneously. At the time of the visit it felt cold in the cell area, but since
custodial officers are required to cover their entire bodies (including their heads,
80
THE OMBUDSMAN OF SPAIN
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