Long-term Deprivation of Liberty
108. In connection with the prison regimes resulting from application of Arti
cle 75.1 of Prison Regulations, in the course of the inspection visits to the prisons
of Araba/Alava and Ocaña II (Toledo) it was verified that contrary to the provi
sions of the aforementioned Instruction 3/2010, said application entailed a regime similar to that of solitary confinement sanctions or the secure detention
regime, however without the same procedural guarantees offered by the latter. At
the Ocaña II prison (Toledo) the measure was applied in the module for new inmates and solitary confinement and at the Araba/Alava prison it was normally
carried out in the inmate admissions, release and transit modules –except for
women, who stayed in their modules, but in specific cells–, and exceptionally in
observation cells that will be described later on. In consequence, in both prisons
inmates changed module and moved to cells with more security than ordinary
cells (double doors with security locks, bookcase with no shelves), where they
could only keep a limited number of belongings because the cells were searched
frequently. Inmates had three, four or five hours in the courtyard, and spent the
rest of their time in their cells, since they were not allowed to attend classes,
workshops or engage in any other activity. In the case of the women at the Araba/
Alava prison, they were only allowed to go out to the courtyard for 3 hours, since
they could not be there at the same time as the other inmates. In addition, one of
the inmates interviewed at the Araba/Alava prison to whom Article 75 of Prison
Regulations was being applied in a secure detention module observation cell stat
ed that she had not been allowed to go out to the courtyard, which was confirmed
by the inmate assistant guard. If that is correct, the «minimum of three hours
daily in the courtyard» established in her notification of application of Article 75
of Prison Regulations was not complied with. Furthermore, at that prison –in
contrast with the Ocaña II prison (Toledo)– inmates were not allowed to have
television sets in their cells, which cannot be justified other than as an additional
sanction to their situation.
It was noted that the prison
regime resulting from the
application of limitations
varies from one prison to
another, and that in one
case it was similar to the
solitary confinement or
secure detention regimes,
but without the same
procedural guarantees
Courtyard of the inmate
admissions module at the
Araba/ Alava prison, where
article 75 of Prison
Photograph 17
Regulations is applied
THE OMBUDSMAN OF SPAIN
93
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