Mínimum criteria in deprivation of liberty
cancelled “when they cease to be necessary for the investigations for which they were
stored”».
78. The CPT grants particular relevance, as it stated in its 2nd General Report, to three
rights granted to detainees: the right to notify the facts of their detention to a third party
of their choice; the right to a lawyer; and the right to request a medical examination.
It is found that these rights, established in article 520.2 of the Criminal Procedure Act,
are observed at all the facilities visited. Nevertheless, it should be ensured that the
written information provided to persons deprived of liberty, on the grounds for
their detention and their rights, is worded comprehensibly in a language that
they understand, and that such information includes the possibility of instituting
an habeas corpus proceeding.
It should likewise be ensured that any person deprived of liberty be afforded
access, in the shortest time possible, to a lawyer ensuring also due confidentiality
in the interviews that they hold.
In the same context, concern exists as to the facts observed in certain visits which,
although not many, are sufficiently serious for the responsible authorities to correct
them as soon as possible. At certain visits it has been observed, in the custody forms
for some of the detainees, that they had held two “interviews” or “processes” with police
officers before declaring and being assisted by a lawyer. Accordingly, it is deemed
necessary that, when an interview is held without assistance of a lawyer, the
purpose of such interview, in addition to its duration, should be recorded in the
relevant custody form and also in the records of investigation sent to the court
authority.
Custody form at the Police Station of the CNP of Palencia
51
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