Annual Report 2015 - Spain’s National Preventive Mechanism
Recommendation of November 6th 2015.
To set up a specific record book in all Prison Facilities which is used for recording
all complaints and reports made by inmates, whether verbal or written, in relation
to improper behaviour or ill treatment by prison workers so that these may be
followed-up and supervised by the management of the facility, as indicated in
paragraph 153 of the Annual Report 2014 on Spain’s National Preventive
Mechanism against Torture.
RECOMMENDATION MADE TO THE
DEPARTMENT OF JUSTICE OF THE GOVERNMENT OF CATALONIA
ACCEPTED
STATUS
Recommendation of February 11th 2015.
To issue appropriate instructions that in each control carried out by security
workers, heads of service and medical staff in all Prison Facilities on restraint
measures involving approved straps, the specific state of the inmate and the need
to continue with the measure or not be recorded.
ACCEPTED
II.9. Socio-health facilities
Table 29
RECOMMENDATIONS MADE TO THE DEPARTMENT OF HEALTH, SOCIAL
WELLBEING AND FAMILY OF THE GOVERNMENT OF ARAGON
STATUS
Recommendation of May 28th 2015.
To adopt criteria and issue orders so that, in general terms, the request to commit
someone against their will must be processed through normal channels, prior to
the committal itself, by those family members or guardians who are aware of the
need for committal and the absence of autonomy of the person affected.
ACCEPTED
Recommendation of May 28th 2015.
To adopt criteria and issue orders so that when there is notification of an emergency
situation requiring immediate involuntary committal in a facility, whether voluntary
or not, the requirements set out in article 763 of the Civil Procedure Act and
developed by Constitutional Court Ruling 141/2012 of July 2nd must be complied
with. In particular, that the committal shall only be justified in cases of serious
mental disorder and under the conditions for an emergency situation or the
immediate need for medical intervention, and that the committal is not only
advisable but meets the requirements of need (that no alternative and less
detrimental measure can be adopted) and proportionality (with regard to the
expected aims).
RECOMMENDATIONS MADE TO THE DEPARTMENT OF SOCIAL
WELLBEING OF THE GOVERNMENT OF VALENCIA
ACCEPTED
STATUS
Recommendation of March 26th 2015.
To urge the residential facilities in that autonomous community that, in general
terms, the request for involuntary committal must be processed through normal
channels prior to the committal itself, with the emergency procedure reserved
solely for cases where the ‘immediate use of the measure’ is necessary.
102
ACCEPTED
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