Presentation
International legislation and European rights place a special focus on the processes and conditions
under which a person may be deprived of their liberty. Compliance with this legislation is one of the
significant differences between those states in which the rule of law prevails and others in which this
is not the case.
The responsibility of the Defensor del Pueblo (Spanish Ombudsman) in relation to Spain’s National Preventive Mechanism against Torture and other cruel, inhuman or degrading treatment or punishment involves exercising constant vigilance over all aspects and circumstances which affect people
deprived of their liberty. The places where their day-to-day life takes place and unfolds, their healthcare, communication with legal representatives, opportunities for training and work, family relationships, as well as the treatment of staff and those who work in facilities for deprivation of liberty, must
all be carefully observed as a matter of the utmost importance.
Throughout 2015 there were 62 visits made to deprivation of liberty facilities (National Police Force
stations, Guardia Civil (Civil Guard) barracks, local police stations and those of the police of the autonomous governments, courthouse jail cells, detention centres and centres for asylum seekers at
border controls, foreign national detainment centres, Prison Facilities, military prison establishments,
Young Offender Institutions, social-health centres, foreign national transfer operations and hospital
custody units) in order to assess the aforementioned aspects and conditions, and to provide appropriate recommendations to the administrations concerned in cases where the need for improvement
has been identified, where unacceptable practices should be avoided or, conversely, to highlight the
revisions and changes carried out as a result of previous recommendations. The majority of these
unannounced visits were carried out over a number of days. It should be recognised that a cooperative attitude on the part of the staff who provide services in these facilities was encountered at all the
sites visited.
In accordance with current legislation, the Ombudsman has an Advisory Council made up of eight
recognised spokespeople on the defence of Human Rights or in fields related to the treatment of
people deprived of liberty for whatever reason.
In addition, the employees of the Ombudsman who carry out preventive work are assisted by external experts nominated by the Professional Colleges of Physicians and Psychologists. We offer our
special thanks to all of them for the work and analysis carried out, which entails collaboration with
highly qualified people.
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