Mínimum criteria in deprivation of liberty
141. The presence of female personnel at EDM should be ensured, when women
are deprived of liberty, as stated by the CPT in paragraph 23 of its 10th General
Report.
142. During the visits made to these facilities, it has been observed that, at some of
them, the use of mobile phones is permitted. The general policy should be to authorise
the use of mobile telephones without cameras. The use of these telephones
would imply a certain control by the persons responsible for the centre, such as
may be the obligation to return them at the established resting times, or other controls
necessary to safeguard the safety of one arrested person in particular.
143. It has been observed, and this is a reason for concern, that the technical system
used to make telephone calls through a switchboard operator might not preserve the
privacy of the calls, should this be the intention of the persons responsible for the
switchboard. For this reason, a communication system that duly safeguards the
privacy in communications should be put in place.
144. It could occur that various penalties for serious offences to be served at an EDM
be joined, so that the stay of the arrested person could exceed two months and one
day even should it not exceed four months. This means that an arrested person could
remain deprived of liberty for longer than a person who perpetrated a crime, but the
latter is entitled to the vis-á-vis meeting on serving a sentence at military prisons which
have an area enabled for the purpose. Accordingly, the NPM considers that the
Book of Internal Rules (section 5.5) should contemplate such possibility, since
this kind of visits is not specifically prohibited by OM 97/1993.
145. It should be pointed out that EDM should have leisure and reading material, in
addition to adequate sports facilities and material.
146. Likewise, it would be desirable for all EDM to have partly roofed yards, for the
arrested persons to be able to go out of doors in poor weather conditions.
Yard at the EDM of Tenerife
67
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