Annual Report 2012: Spain’s National Preventive Mechanism A recommendation was made to the Office of the (SGIP) to review the use of provisional solitary confinement at the II prison (Toledo) The use of physical restraints is examined to verify that application and supervision thereof is properly recorded During the inspection visit to the Ocaña II prison (Toledo), the team examined the file of an inmate on whom the restraining measures of personal physical force, 28 hours of provisional solitary confinement and 4 hours of physical restraint with straps had been applied as a result of an aggression against a fellow inmate. In the notifica­ tion to the Parole Judge, no mention was made of the physical force; there was only reference to the provisional solitary confinement and physical restraint with the straps, and the SGIP was thus duly informed. In respect to the duration of the meas­ ures, article 72 of Prison Regulations states that restraining measures shall only be applied «for the amount of time that is strictly necessary». However, at that prison, it was noted that in 10 cases provisional solitary confinement lasted about 48 hours and in one case lasted for more than two and half days. In consequence, the SGIP has been urged to review the use of provisional solitary confinement at the prison. 103. In respect to the use of physical restraints, the application and supervision procedure is checked to make sure that it is properly recorded. In this sense, the examination of the documents carried out during the inspection of the Ocaña II prison (Toledo) revealed that in the files of application of physical restraint, there was no record of the exact moment at which the medical control was performed. It was also noted that this was not recorded or documented in a detailed manner at the prison of A Lama (Pontevedra). These are deficiencies that must be corrected. Physical restraint cell at the Photograph 16 Ocaña II prison (Toledo) The SGIP was reminded that inmates who are physically immobilized must be permanently supervised This criterion is applied at the women’s prison of Barcelona 90 In connection with the foregoing, the SGIP has had to be reminded of the Om­ budsman Institution’s criterion, stated in paragraph 143 of the 2011 Annual Re­ port, whereby persons who are physically restrained must be permanently super­ vised, preferably by health-care personnel, to avoid possible complications that might arise while the inmate is completely immobilized and thus unable to react adequately to any possible complications. On the other hand, said criterion is satisfied at the women’s prison of Barcelona. At that prison, two of the special department cells are equipped with video sur­ veillance systems to tape application of the physical restraint. In the course of the inspection visits the tapes of two restraints performed on inmates were viewed. THE OMBUDSMAN OF SPAIN

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