Country

Spain

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
General Penitentiary Law (Ley General Penitenciaria)Spanish law does not contain any provision on available cell space and the size of prison cells, but only provides that the cells are for single occupancy and must have enough space to make them habitable. Standard cell space available to inmates is about 10 m2 although it is not under written regulation. Cells must offer the necessary hygienic conditions and be equipped with toilet facilities. Space, natural ventilation, water, lighting and heating must be adjusted to climatic conditions of the town.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016In a non-formal recommendation the NPM stated that the prison administrations should adopt the necessary measures in order to achieve said “single-cell principle". Report details
2019The General Secretary of Penitentiary Institutions must regulate through a new Instruction the video-surveillance systems, which include, among other issues, the time and the cases in which the images captured must be kept, internal audits regarding the effectiveness, relevance and proportionality of the cameras, as well as sound recording in the places deemed necessary. Report details
2023The NPM made Recommendations for the use of inappropriate spaces for children with intellectual disabilities after three visits were carried out in 2023 to juvenile centres. In March 2023, it was detected deficiencies in the facilities: all the windows where the children stay have translucent glass, which allows light to pass through, but does not allow views of the outside. This circumstance, together with the few hours they spend outdoors, made it more painful and difficult for these people to comply with the custodial measures imposed. Report details