Annual Report 2016 - Spain’s National Preventive Mechanism against Torture
aspects of the current Criminal Procedure Act, checking whether it
adequately implements the provisions of European Union law.
Interviews with
detainees
8. Those persons who were voluntarily interviewed by the NPM during the
visits made over 2016 generally stated to have received proper treatment
from the custody officers, both when being driver to the facilities, following
their arrest, and during the time of their arrest. They were informed and able
to uphold their rights; they had received medical assistance when necessary;
had received adequate food and water and had received a response to their
bathroom requests.
Complaints
made by
detainees
Nevertheless, some of the persons interviewed complained about various
issues:
Committals for
trial
§76 AR 2014
Medical reports
§77 AR 2014
Information on
rights and
40
Thus, a person detained by the Municipal Police in Bilbao (Vizcaya), claimed
to have been insulted by agents and that bathroom requests were delayed. A
Brazilian national who was detained in a T1 room at Madrid-Barajas Airport
claimed that she was not treated with respect by the police offers on the
grounds of being foreign. At the Gender Violence Courts in Madrid, several
detainees complained that the facilities were cold, and it was confirmed that
the heating was not working. The only person detained at the Guadalajara
CNP claimed to be given a dirty blanket. Another detainee at the district
police station in Puente de Vallecas (Madrid) reported that the cell light was
not working and, once it was checked that this was so, the agents were
requested to transfer the detainee to another cell.
9. It is still often the case, in many of the visited facilities, that the detainee is
committed for trial in the mornings, and not always on the weekend, which
is why his/her arrest may be prolonged more than necessary in order to
clarify the allegedly criminal facts leading to his detention.
10. It is still very common for police files to include medical reports or
statements of assistance provided to detainees, keeping a copy at the
custody facilities. In this regard, the Technical Committee of Judicial Police
Units, at its meeting of 27 October 2015, dismissed the Ombudsman’s
opinion on the grounds that these reports needed to be safeguarded, as
regards the CNP, to ensure the legal defence of public officials against
potential complaints from the detainee, as well as for healthcare security
reasons. In turn, the Civil Guard claimed that medical reports were not
computerised and, finally, the State Prosecutor indicated that the intervening
police corps was responsible for safeguarding the document and related
data.
11. All the facilities visited in 2016 had standardised forms providing
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