Situation of deprivation of liberty
was observed that one custody form was left blank, without any entry,
apparently because the detainee was not confined in cells. This is not
considered adequate, since the place where he remained and the officer with whom he stayed, in addition to the formalities (information
of rights, summary, etc.) carried out and his release should have been
entered, pursuant to Instruction 19/2005 of the Secretary of State for
Security. For this reason, it appears necessary for the instructions for
correct completion of the registration book to be expressly repeated.
Likewise, in the light of the exhaustive review of the custody forms,
only on few occasions is it recorded that the detainee is body searched
on entering the facilities, even if only superficially and only one form
was found recording that a full body search had been carried out,
despite the fact that, in the interviews held with the detainees, most
of them stated that their clothes had been removed. At the Superior
Headquarters of the CNP in Valencia it was verified that one custody
form recorded as its first entry the “body search and confinement in
cells”, the custody officer being requested for information on the registration that was usually carried out (superficial or full), since both
detainees confined at the time of the visit had stated that their clothes
were removed and they were obliged to do sit-ups. The officer stated:
“All detainees have their clothes removed, for their inspection, but they
are not touched, although it was not considered that this was a full
body search and was done for security reasons”. He did report: “What
he considered to be full body searches, were ordered by the examiner
and were made feeling the detainee and were recorded in the dossier
of the investigations remitted to the judge but not in the custody form”.
Failure to enter full body
search of detainee
27. No irregularity was observed in the entry of the belongings re-
Absence of self-closing bags
for belongings
moved from the detainees, upon their confinement in cells and no
complaint was received from them in such respect. Nevertheless, at
certain facilities visited in 2103 the lack of self-closing bags to keep
such belongings continued to be observed since these are placed in
envelopes or plastic bags which are then knotted, in addition to the
lack of lockers or cupboards to keep such bags.
28. Some of the visited facilities continue without independent entrances to the custody area, causing public exposure of the detainees, contravening the criterion established in paragraph 31 of Annual
Report 2012. In the specific case of the station of the CNP of the San
Blas District (Madrid), a suggestion had to be made to correct such deficiency, which was accepted by the DGP, which reported that the detainees entered the facilities through a door at the side of the building.
29. Deficiencies continued to be detected at various facilities that
could cause the detainees to attempt to injure themselves or commit
suicide. Items such as door hinges, unprotected locks or metal plates
may be used by the detainees to cause themselves injuries. The presence, on the cell doors, of horizontal bars or small windows with bars
should be suppressed.
Absence of independent
entrances to the custody area
Deficiencies at various
facilities that could cause selfinjuries or suicide attempts
45
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