PRESENTATION
One of the functions entrusted to the Defensor del Pueblo (Spanish Ombudsman) by the Cortes
Generales [Spanish Parliament], through Organic Act 1/2009, of 3 November, is the National
Preventive Mechanism against Torture and other cruel, inhuman or degrading treatment or
punishment (NPM), as a result of Spain’s ratification of the Optional Protocol to the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT),
which by 2016 had been in force for ten years.
In order to fulfil its duties, the NPM visits all types of deprivation of liberty facilities and
examines the aspects and circumstances affecting inmates. The idea is to detect any possible
shortcomings, to suggest improvements or corrective actions and provide the competent
administrations with the results, as well as to make the necessary recommendations if room for
improvement has been observed, eliminate unacceptable practices or, instead, to evaluate any
corrections and changes made as a result of previous recommendations.
Each year, both the Spanish Parliament and the Subcommittee for the Prevention of
Torture of the United Nations (SPT), in charge of supervising the adequate application of the
OPCAT by all member states, are informed of all activities carried out.
Throughout 2016, the MNOP has made 101 visits to deprivation of liberty facilities. This
number of visits represents a considerable increase over the ones completed in 2015.
Essentially, there have been more follow-up visits to check how prior recommendations have
been implemented and to identify any future new defects.
Multidisciplinary visits mean that Ombudsman technicians are accompanied by specialist
experts in forensic medicine, psychiatry or psychology; in addition to evaluating the
infrastructure, legal counsel, visiting arrangements, communications and surveillance methods,
other issues are appraised, such as healthcare, therapeutic and psychological assistance and,
ultimately, the utmost respect for human rights. These visits may last several days, in order to
examine all facilities, interview the inmates and prison staff.
National Police Force stations have been visited, as well as Guardia Civil (Civil Guard)
barracks, local police stations, autonomous government police stations, courthouse jail cells,
detention centres and centres for asylum seekers at border controls, foreign national detainment
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