Situation of deprivation of liberty
to handle the detainees and legal and administrative measures applied
at the examined facility were reviewed.
16. The annexes to this report set out in detail the conclusions sent to
the various authorities, relating to each particular facility. The deficiencies and, where appropriate, good practices, observed during these
visits, are set out below.
17. The poor coverage of the video-surveillance system persists in
most of the places visited. As mentioned in paragraph 14 of Annual
Report 2012, both the DGP and the DGGC reported that the setting up
of a system conforming to the criteria of this Institution is subject to the
budgetary availability for this item. Notwithstanding the differences of
criteria between both bodies, in respect of the installation or otherwise
of cameras within the cells, at the visits made to the facilities of the
GC it was reported that the recording of pictures was inappropriate,
considering that this would violate the privacy of the detainees. This
practice prevents viewing and subsequently submitting any incidents
that may have occurred, which should be corrected.
18. The presence of custody officers in the cell area, when detainees
are present, is essential, to avoid situations of risk in those cases in
which the immediate presence of offices may be necessary. In this
respect, a recommendation has been made to the DGP to correct,
provided that sufficient personnel is available at the facility, this deficiency, recorded in paragraph 16 of Annual Report 2012. Said body
reported that the Recommendation was referred to the Attached Operating Directorate for it to proceed to change the previous instructions.
19. Only at two of the visited facilities, the CNP district stations of
Córdoba and of Madrid-Vallecas, was it observed that detainees were
informed in writing, in the printed form for the reading of rights, of
the possibility of instituting habeas corpus proceedings, which should
be corrected according to the criterion of this Institution, recorded in
paragraphs 476 of Annual Report 2010 and 19 of Annual Report 2012.
20. The deficiency mentioned in paragraph 20 of Annual Report 2012,
relating to the fact that certain detainees had held an “interview” with
police officers, before making a statement and being assisted by a
lawyer, was observed also at the visits made to the superior headquarters of the CNP in Toledo and Valencia and at the police stations of
this corps in Burgos, Palencia and Zamora. The DGP, in all the aforementioned cases, reported that instructions had been given for the
subject matter, purpose and duration of the interview or arrangement
to be recorded in the custody form and for the investigation dossier to
be sent to the court to report it.
Deficiencies and good
practices
Poor coverage of videosurveillance system
The presence of custody
officers in the cell area is
essential
Information on the possibility
of instituting habeas corpus
proceedings
Cases of “interviews” with
police officers without
presence of a lawyer
43
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