Situation of deprivation of liberty
In addition, in the opinion of this Institution, the notice to the penitentiary surveillance judge should record, in addition to the date and time
of commencement and cessation, and the reasons for adoption of the
measure, the following matters: whether the measure was authorised
by the director or only the medical report was submitted to him on the
existence or not of impediments to adopt the measure, the total duration of the measure if cessation is reported, and whether or not the
facts gave rise to the institution of a disciplinary proceeding.
Inclusion of all concurrent
factors
109. At the visits, special attention was given to the application of me-
At some CPs the use of
mechanical restraint should
be reviewed
chanical restraint, observing that in a relevant number of immobilisations carried out at the CPs of Segovia, Puerto I and Puerto III (Cádiz)
in the year before the visits in question, the duration exceeded 12
hours, in many cases reaching 24 hours. Also, at CP Puerto III (Cádiz),
mechanical restraints were applied to certain inmates several times allowing little time to elapse between them. They are therefore restraints
for long time periods, which should be exceptionally founded, given
their serious effects on the rights of the inmates. Mechanical restraint
is not a means of punishment and is instead a measure for contention the duration of which should be as short as required to cease the
reasons for which it was applied. Accordingly, the SGIP has been requested to review the use of mechanical restraints at such CPs.
110. At CP Puerto I (Cádiz) it was observed that two long immobilisations were performed on an inmate consecutively allowing 5 minutes
between them, during which he was released to eat. Although the Record of coercive measures records it as a single immobilisation, it was
processed and notified to the penitentiary surveillance judge as a single
immobilisation. Nevertheless, it would apparently have been more correct to record it as a single immobilisation, since it cannot be considered
that releasing the inmate to eat implies cessation of the measure. In addition, in this case, the physical force that had to be used to tie the belts
on the inmate was not reported to the Penitentiary Surveillance Court.
Immobilisations of one inmate
not correctly recorded at CP
Puerto I (Cádiz)
111. The lack of medical presence 24 hours a day has direct implications on the adoption of coercive measures. Thus, at CP Puerto I
(Cádiz), in one case, a regimental immobilisation was applied although,
according to the description of the facts, apparently a healthcare action would have been more adequate, since there is no record that the
inmate acted aggressively, the facts referring only to his anxiety and
nervousness due to family problems. Taking into account that article 72
RP establishes that coercive measures should be used only “where no
other less burdensome manner exists to achieve the sought purpose”,
it appears that a medical correction of the situation would have been
more adequate, as was reported to the SGIP. At this CP, various cases
were also observed in which, despite the fact that the commencement
of the mechanical restraint was ordered by the medical services, they
were treated as regimental immobilisations.
The lack of medical present
24 hours has effects on
the adoption of coercive
measures
112. Officers control regularly the mechanical restraints applied to the
Recommendation for
permanent supervision of
immobilised persons
inmates. In this respect, the Recommendation already made to the
SGIP as to the fact that immobilised persons should be permanently
supervised is repeated, according to paragraph 103 of Annual Report
101
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