Situation of deprivation of liberty
and other Cruel Inhuman or Degrading Treatment or Penalties of the
European Council (CPT) at the inspections made on said CP at the
visit it made to Spain in June 2011 the report of which was published
on 30 April 2013. Such observations referred, mainly, to the application
of coercive means at such prisons. At the visit to CP Puerto III (Cádiz),
although more complete and of a multidisciplinary nature, the questions mentioned by the CPT in its report were also analysed.
Lastly, the visits to the CPs of Seville and Seville II were attended by
the Ombudsman of Andalusia and information was obtained at them
on the background information on record at the Institution, particularly
the medical attention provided to inmates.
84. As regards the features of the prisons visited, it must be pointed
out that the CPs for men of Barcelona, Puerto I (Cádiz), Segovia and
Seville II were only for men. At the CP of Seville there were only 6
women at the time of the visit.
Features of the visited CPs
The CP Puerto I (Cádiz), in addition, is the only specific prison for inmates
classified in the first grade. This regime is applied to those convicts that,
either initially or due to an involution of their personality or conduct, are
classified in first degree because they are extremely dangerous or obviously maladapted to the ordinary and open regimes, as provided for by
articles 10 of the Penitentiary General Basic Law (Ley Orgánica General
Penitenciaria –“LOGP”) and 89 of the Penitentiary Regulation (Reglamento Penitenciario –“RP”). In addition, article 10 LOGP establishes, in
section two, the possibility of applying this regime to preventative inmates
“by way of exception and with absolute separation of the inmates, rendering account to the responsible court authority”.
CP Puerto I is the only CP
specific for inmates classified
in the first grade
85. As regards their capacity and size, other than the CPs of Puerto I
(Cádiz) and Segovia, occupied by 208 and 377 inmates, respectively,
at the time of the visit, the rest are large prisons the occupancy of
which is between 1,200 and 1,600 inmates.
At the CPs for men of Barcelona and Puerto III (Cádiz) a reduction of
occupancy was observed in the past years. In particular, at the CP of
Barcelona, the problems of mass occupancy detected by the CPT at
its visit in 2011 had been mitigated, being reduced from 1,800 inmates
to 1,535 at the time of the visit, and to 1,330 at the beginning of 2014.
Nevertheless, the number of inmates should not exceed 1,200. In this
respect, the Department of Justice of the Government of Catalonia
reported that the objective is to reduce gradually the occupancy of the
CP until it is closed, forecast for the 2015-2016 period. The opening
of the CP Puig de les Basses (Girona) and Mas d´Enric (Tarragona) to
take place shortly will contribute to this.
Decrease of occupancy at the
CP for men of Barcelona and
Puerto III (Cádiz)
86. The healthcare provided at CPs is one of the matters to which
most attention is given during the visits of the Ombudsman in her
capacity as NPM. The provision of medical practitioners must be sufficient in accordance with the occupancy of the CP. At CP Puerto I, at
the time of the visit, only one of the four places for medical practitioners contemplated in the list of posts of work was filled. Said provision
is insufficient and causes malfunctions, both in the clinical emergency
The provision of medical
practitioners should be
sufficient
93
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