Places of short-Term Deprivation of Liberty
choice. However, family members do receive some information concerning the
fact of the arrest and the fact that incommunicado detention has been applied.
This information is provided through the channels and on the terms indicated in
the aforesaid protocol for co-ordination of assistance for persons held
incommunicado applied by the Ertzaintza.
Legal counsel are present only when formal statements are taken. They may not
Legal counsel are present
freely visit detainees. According to Article 527.a) of the LECRIM they must in
only when formal
all cases be legal aid lawyers on duty as per a specific rota for counselling of
detainees held incommunicado of the corresponding bar association. Statements
are taken in rooms fitted with cameras. Nor do detainees have the right to
statements are taken.
They have no right to
subsequent private
meetings
private meetings after their statements are taken [Art. 527.c) LECRIM].
149. The stations visited are subject to regular internal inspections and
The Ertzaintza holds a
detention process quality audits, during which questionnaires are given out,
quality certificate under
completion of which is voluntary. The Ertzaintza holds an AENOR quality
certificate (1752/2002 ER) under quality management standard UNE-EN ISO
standard UNE-EN ISO
9001:2008
9001:2008 for the force’s detention and custody procedures.
III.2. Mossos d’Esquadra Establishments
150. The Statute of Autonomy of Catalonia (PGA 6/2006 of July 19) establishes
An armed civilian law
that the Generalitat (Autonomous Regional Government of Catalonia) is
enforcement agency with
responsible for “the creation and organisation of the Policía de la Generalitat-
over 14,000 officers
Mossos d’Èsquadra [Autonomous Police]” [Art. 164.1.b)]. Article 164.5 of the
Statute establishes the remit of this force, which is described as an armed civilian
law enforcement agency. Its structure and hierarchical organisation are laid down
in Article 10.1 of Act 10/1994 of July 11 on the regulation of the force. Its basic
principles for action and its functions are set down in Articles 11 and 12 of the
said Act. Its disciplinary regime is regulated by Article 66-78 of the same Act. The
force is answerable to the Department of the Interior of the Regional Government
of Catalonia. It has over 14,000 officers grouped into nine “policing regions”. The
graphic below shows its organisation structure.
151. The Mossos d’Esquadra operate in all four provinces of Catalonia, in a
territory measuring 32,113,41 km2. The data provided by the Department of the
Interior of the Regional Government of Catalonia on the number of detainees
held in cells run by the Mossos d’Esquadra in 2010 refer to persons detained by
the autonomous police force itself and by local police forces, plus persons
admitted to holding cells in courthouses. The total for all three types of detainee
was 64,666, distributed as per the table below.
THE OMBUDSMAN OF SPAIN
The force operates in an
area of 32,113. 41 km2.
In all there were 64,666
arrests with admission
to cells
83
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