Annual report 2011: Spain’s National Preventive Mechanism adopted to safeguard both the physical well-being of detainees and their right to information prior to their expulsion. The Ombudsman starts an investigation whenever it learns that a detainee has passed away or an allegation of mistreatment is made. The Ombudsman has drawn up a reminder list of legal duties to ensure compliance with Art. 262 of the LECrim (reporting to judicial authorities of any injuries attributed by detainees to assault). There is concern at the number of complaints dismissed because the foreign national has been expelled and is therefore unable to appear in court. When there are injuries the Istanbul Protocol must be followed, i.e. medical reports must be accompanied by photographs 114  85.  In general, when the Office of the Ombudsman learns of the death of a detainee or of an allegation of mistreatent of detainees, the Migration & Equal Treatment Area starts appropriate action in regard to the police authorities. In most cases an inspection visit is made to the centre in question to view footage from security cameras, interview affected parties and potential wintesses and check any other incident or data concerned with the event. The utmost respect is maintained for the corresponding judicial investigation into potential unlawful acts, which is always monitored closely via the General Public Prosecutor’s Office. The criterion applied by the Ombudsman is that any violent incident involving a detainee in which he/she caims to have been assaulted by a member of staff or another detainee must be reported to the judicial authorities. This applies in all cases when the detainee calls for medical assistance as a result of the alleged aggression. A reminder had to be issued of the legal duty incumbent upon all security and healthcare personnel to comply with the provisions of Article 262 of the LECrim when they learn of any injury that might have been caused by aggression. Similarly, any injury reports issued to staff or detainees must also be sent to the duty magistrate’s court, without prejudice to the obligation to send them also to the magistrate’s court that monitors the detention facility. The DGP reports that since the opening of the CIE in Barcelona there have been eight investigations arising from complaints for alleged mistreatment filed by foreign nationals confined there. In all these cases, inquiries were made as relevant to check on the truthfulness of the allegations, and the results were reported to the competent judicial authorities. As a result of the complaints filed, five legal proceedings were brought. Two of these proceedings ended with rulings of provisional dismissal for lack of evidence, one with a ruling of full dismissal for lack of evidence, one with a ruling of stay of proceedings and the last with a ruling clearing the officers accused and finding the detainee guilty of minor offences against public order and recklessness resulting in injury. No judicial proceedings were brought in the other three complaints, in spite of their having been reported to the courts that had authorised the detentions. All the disciplinary inquiries in each case concluded with no ruling of liability of any kind for the police officers involved. This office is concerned at the number of complaints that are dismissed because the foreign national in question has been deported and is therefore unable to appear in court to follow up and resolve the proceedings brought. 86.  The Ombudsman considers that any injuries suffered by detainees as a result of the use of coercive measures or any other cause, including fights between detainees, self-inflicted injuries and any injuries already present at the time of admission, should be documented by means of a medical report and photographs. In this regard the criterion laid down in paragraph 357 of the Annual Report   THE OMBUDSMAN OF SPAIN