Annual Report 2013 of the National Preventive Mechanism
powers for the purpose. It must be ensured that the system is absolutely confidential, applications and requests to be made in a closed
envelope.
110
Internal investigations must
be carried out be personnel
outside the CP where the
facts occurred
As regards the internal investigations carried out by the penitentiary
Authority in the case of complaints for ill-treatment, the criterion of this
Institution, repeated in the annual reports of the Ombudsman, is that
they should be conducted by specialised personnel not included on
the payroll of the CP where the facts occurred. In addition, although
the existence of contradictory versions of the inmates and officers is
customary, the investigation of purported irregular conduct must be
exhaustive, despite the judgment of truth that the Authority may have
in a first analysis, the inmate’s version to be heard in an atmosphere
that encourages trust in the person explaining his problem, permitting
him to submit and/or request evidence. In this regard, it is considered
that the existence of video-surveillance system recordings is essential
evidence to supplement the investigations, thus the importance given
by this Institution to having such systems cover all areas, with the
sole exception of those that could have effects on privacy (cells and
toilets).
Increase Education and
Respect Units
132. As regards the treatment programs applied at CPs it must be
pointed out that Education and Respect Units continue to increase,
along the lines of paragraph 118 of Annual Report 2012. At CP Puerto
I (Cádiz), which as mentioned above is a CP exclusively for inmates
classified in the first grade, in 2011 a respect unit was started up to
“achieve standard conduct patterns permitting the inmate to return to
the second degree in the best adaptive conditions”.
Program of action under the
closed regime
133. At CPs Puerto I, Puerto III (Cádiz) and Seville II, the Program for
Programs for mentally ill
inmates
134. To attend the mentally ill, specialised programs exist at the CPs
action under the closed regime, contemplated in Instruction 17/2011
of the SGIP was being applied, its progress having been verified particularly at CP Puerto III (Cádiz). At CP Puerto I (Cádiz), in turn, it
was mentioned that, due to the particular feature that the centre is
specific for inmates under the closed regime (although not all of them
participate in said program), the assessments contemplated by said
Instruction are not performed, a fact that, in the opinion of this Institution, would be advisable, to know the number of persons released due
to progression to the second grade, application of article 100.2 RP or
other reasons, and to carry out an overall assessment of the program.
In any case, the living regime applied at this CP to inmates, which is
more flexible than the closed regime applied in ordinary prisons, to
ensure that these inmates adapt to and are integrated into the ordinary
living regime and that they are included in the closed regime regimental situation for the least possible time is to be pointed out.
carried out in cooperation with the National confederation of organisations for the benefit of the mentally ill (FEAPS). The CP of Segovia has
a unit for persons with disabilities consisting of the Special Educational
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