Annual Report 2010 by the National Preventive Mechanism against Torture
Blankets are disposed of
191. Detainees sleep on built-in plinths. Sufficient blankets were available for
after use. Cells need to be
the number of persons held overnight. Blankets are disposed of after use. Blankets
provided with enough
mattresses
are used as mattresses. Even though (as mentioned in paragraph 179) detainees
usually only spend a few hours in the cells, sufficient mattresses should be
provided.
Detainees held for more
192. It was reported on the inspection visits carried out that when detainees
than 24 hours are allowed
were held in the cells for longer than 24 hours they were allowed out to walk
to take walks
around the holding area. In such cases provision should also be made for an area
where they can take exercise or spend some time outdoors.
Visits from legal
193. Detainees can receive visits from their legal counsel and from consular staff
counsel & consular staff are
in the case of foreign nationals. All other visits require authorisation from the
permitted
examining magistrate handling the case.
Incoming & outgoing
194. Detainees are handcuffed on admission to and on leaving the cells. The
detainees are handcuffed
establishments were observed to be equipped with regulation restraints and riot
shields, and in some cases helmets were placed on the heads of agitated detainees
to prevent injuries.
Firearms should be
195. It was observed that custodial officers wore their firearms with the magazines
removed on entering cell
removed while in the holding areas. Although Article 4.1. of Provincial Order
areas. It was observed that
they are currently worn
without the magazine
[Orden Foral] 85/2008 of February 20 on the uniforms, badges and credentials of
the Regional Police Force of Navarre establishes that the regulation firearm with
its black gun belt or such other belt as may be provided is a part of the force’s
uniform, it would be advisable for the sake of general security in custodial
circumstances for firearms to be removed on entering cell areas. To that end, the
circumstances envisaged in subsection 2 of the said Article 4 could be applied, i.e.
“The Head of the Regional Police may exempt uniformed officers from carrying
firearms should special circumstances prevail”.
Officers were observed to
196. During inspection visits custodial officers were observed to be properly
be properly identified
identified, with their ID numbers in plain sight, as required under Article 7.3 of
Provincial Order 85/2008 of February 20.
Belongings confiscated are
197. Detainees undergo an initial superficial search at the hands of the arresting
noted down in the custody
officers. When they reach the holding area they are searched more thoroughly
log and the detainee signs
a form in proof of
agreement. Strip searches
are not conducted
in a separate room or in the cells themselves. During this search any personal
belongings are confiscated, with special attention paid to any objects or items of
clothing that could be used to cause self-inflicted injuries. Belonging are bagged,
stored in a cabinet and noted down in the detainee custody log. Detainees sign
a form in proof of agreement with the list recorded. It was reported during the
inspection visits carried out that strip searches were not conducted, but that if
96
THE OMBUDSMAN OF SPAIN
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