Presentation
The Spanish Ombudsman Institution (Defensor del Pueblo), which at the same
time is the National Mechanism for the Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (NPM), reaches its third year
in the exercise of this responsibility and hereby submits the annual report per
taining to the Spanish Parliament (Cortes Generales) and to the United Nations
Subcommittee on the Prevention of Torture (SPT). In February 2012 the Spanish
NPM appeared before said Subcommittee in order to submit the first annual
report, and since then several contacts have been maintained.
This exercise shows continuity with the path undertaken and also the changes
required to improve the performance of the assigned mandate; an effort has
been made to carry out a relevant number of visits, and external technical ex
perts in several scientific disciplines have been included in those visits which
could be considered more complex; priority has been given to a better under
standing of the situation of the persons deprived of liberty through interviews
and questionnaires; while this Institution has continued our intense collabora
tion with other NPMs, sharing the experiences and methodologies used while
carrying out the visits, with the preventive approach which is the trademark of
all NPMs.
A relevant novelty has been the publication in the Spanish Official State Gazette
(BOE) of 13 March 2013 of the Resolution of 27 February from the Ombudsman,
opening the procedure for the appointment of members of the Advisory Council
to the NPM. The imminent appointment and constitution of the Advisory Coun
cil (Consejo Asesor) shall complete the institutional design established by the
legislator, and facilitate the legal and technical cooperation of such body with
the tasks of the NPM.
This year’s report includes, for the first time, some annexes with the charts of the
conclusions obtained after each visit, as well as the monitoring carried out after
sending the conclusions of the previous years’ visits, thus facilitating the consul
tation of each visited facility. Likewise, to answer the worries which have
appeared in the sphere of civil society, and appendix has been included with the
summary of the actions taken by the Ombudsman Institution in the matters
where the NPM acts in a preventive way. This dimension is more extensively
developed in the general annual report of the Institution.
Also as a novelty, a social health care center has been visited and a repatriation
flight for foreigners, organized by FRONTEX (European Agency for the Man
agement of Operational Cooperation at the External Borders of the Member
States of the European Union), has been monitored.
The significant number of visits conducted over a three-year period and the
depth of such visits has allowed us to carry out an analysis on the situation of the
THE OMBUDSMAN OF SPAIN
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