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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