Annual Report 2016 - Spain’s National Preventive Mechanism against Torture
Processing of
120. During all our visits we appraised application of the disciplinary
disciplinary
regime, checking that all proceedings are diligently processed since their
proceedings §249
filing date and until a resolution is delivered, and are adequately
AR 2014
documented. Nevertheless, in San Francisco-La Biznaga (Málaga) and in
Zambrana (Valladolid) it was noted that, in some cases, the necessary
expediency does not exist between commission of an offence and the filing of
disciplinary proceedings, or between a sanction and its enforcement, which is
why young offenders tend to dissociate one from the other, given the delay in
giving a sanctioning response to a reproachable act. In both cases the
autonomous administrations have reported that measures have been
adopted to enable a speedier processing.
In Monteledo (Ourense) some shortcomings were discovered, such as
submitting an interim measure in a file instead of a sanction; on another
occasion, the list of charges did not designate an examining judge or did not
state the beginning and end of the sanction imposed, or a decrease in the
sanction or its possible payment.
Sanctions
communicated to
lawyers
§249 AR 2014
Records of
disciplinary
proceedings and
of restraining
measures
§250 and 254 AR
2014
84
121. Only at the Monteledo and Montefiz (Ourense) facilities did we check
that when a disciplinary sanction is applied it is notified, in addition to the
relevant institutions, to the lawyer assigned to the sanctioned minor.
Pursuant to the provisions established in Article 76.2 of the Regulations on
Organic Act 5/2000, of 12 January, on the criminal liability of minors, it is not
mandatory to inform the young offender’s lawyer. This is why, in order to
change this, a Recommendation was made to the Ministry of Justice, which
has been accepted and is pending execution.
122. All the facilities visited have Register Books, which are kept manually,
recording all disciplinary proceedings and the application of restraining
measures, in 6 of these there were also computerised programmes to obtain
statistics on the type of sanction imposed, the type of offence committed, the
number of offences committed by a specific minor, the number of
proceedings filed, etc., as well as any restraining measures used, the minors
subject to the same, the length of these measures and the reasons why they
were used, whether involving mechanical restraint, personal/physical
restraint, rubber batons or provisional isolation. The San Francisco-La
Biznaga (Málaga), El Madroño (Madrid), Maliaño (Cantabria) and El Limonar
(Seville) facilities lacked this instrument, which is why a Suggestion has been
made to provide these computer programmes.
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