74. As indicated in paragraph 249 of the Annual Report 2010, the Ombudsman
considers “medium-term deprivation of liberty” to mean instances in which persons are held for no more than 60 days, e.g. in the case of detentions of foreign
nationals and military disciplinary arrests for serious midemeanours. In both
cases deprivation of liberty is based on administrative procedures.
Establishments where
persons may be held for no
more than 60 days
II.1. Detention centres for foreign nationals
75. As indicated in the Annual Report 2010, detention centres for foreign nationals (CIEs) are public establishments of a non-penitentiary nature where foreign nationals are held pending expulsion or deportation. Judicial authorisation
is required for detention at these centres, and they are monitored by courts. The
maximum holding time is 60 days. Data from the Ministry of the Interior reveal
that in 2011 8,788 persons were detained while entering Spain illegally in open
boats, swimming ashore, hidden in vehicles or other means of transport or crossing borders, as per the table below:
Publicly-run establishments
of a non-penitentiary
nature used to hold foreign
nationals pending
expulsion or deportation
Table 25. Entry of illegal immigrants via non-authorised border crossings
in 2010 and 2011
2010
2011
1,567
3,345
196
340
Mainland Spain & Balearics
3,436
5,103
Total
5,199
8,788
Ceuta and Melilla
Canary Islands
Source: own work based on data from the Ministry of the Interior website.
76. Information provided by the DGP indicates that in 2011 there were 90,424
detentions entailing confinement in cells for breaches of the Foreign Nationals
Act [Ley de extranjería].
THE OMBUDSMAN OF SPAIN
90,424 detentions with
confinement in cells for
breaches of the Foreign
Nationals Act
107
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