Annual Report 2010 by the National Preventive Mechanism against Torture
Visits from legal counsel
166. Detainees can receive visits from their legal counsel and from consular staff
and consular staff are
in the case of foreign nationals. Visits from family and friends require authorisation
permitted
from the examining magistrate handling the case.
Detainees are handcuffed
167. During inspection visits it was observed that detainees were handcuffed
from entering the cells until
from the time of admission to the time when they left the cells. Other means of
leaving. The protocol
followed in a case of
resistance was observed
restraint were available at all the establishments visited. Examination of the
recordings made at Les Corts station in Barcelona revealed the protocol followed
in dealing with a detainee who resisted and displayed violent behaviour: he was
fitted with a protective helmet to prevent him injuring himself, then restraining
straps were applied and the detainee was placed under permanent surveillance.
These measures were lifted when the custodial officers considered that he had
calmed down.
Officers placed their
168. It was observed on the inspection visits made that both the custodial
firearms in a weapons
officers and the officers who escorted the detainee to the police station placed
locker before entering the
holding area
their firearms in a weapons locker before entering the holding area. This is
considered a good practice that enhances the safety of detainees and custodial
officers alike.
Custodial officers were
169. At the establishments visited the custodial officers were observed to be
properly identified
properly identified and wearing their badge numbers in plain sight, as provided
for in Decree 217/2008 of November 4 of the Generalitat [Autonomous Regional
Government of Catalonia] concerning the use of identity numbers.
Searches are recorded on
170. Detainees undergo an initial, superficial search at the time of arrest,
CCTV. Female detainees are
followed by a more thorough search prior to admission to the cells. In this
searched by female officers.
Transsexuals are searched
by officers of the gender
that they manifest
second search (an example was observed during the visit to the station of Les
Corts in Barcelona) the detainee’s clothing is removed item by item and any
valuables or objects which could be used to cause self-inflicted injuries are
confiscated. These searches are usually conducted by the officers on duty,
assisted by one of the officers from the patrol that made the arrest, in a specific
room located at the entrance to the holding area. Searches are recorded on
CCTV. There is also an audio recording system, though it is not activated
automatically. Female detainees are searched by female officers. Transsexuals
are searched by officers of the gender that they manifest unless they refuse to
co-operate, in which case they are searched by officers of the gender that appears
on their national identity documents.
Strip searches must be
Strip searches require the authorisation of the officer in charge of the shift on duty,
noted in the custody log.
and the fact of and reason for such searches must be recorded in the custody log and
They are also recorded
reported to superior officers. These searches are also recorded, using the same
system described above. Audio recordings are activated from the search room itself,
with detainees being informed that an audio recording is to be made.
90
THE OMBUDSMAN OF SPAIN
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