Country

Spain

Detention issue

Juvenile prisoners

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Juvenile Criminal Responsibility Act 5/2000 (Ley Orgánica 5/2000, de 12 de enero, reguladora de la responsabilidad penal de los menores)Measures of deprivation of liberty imposed on persons between 14 and 18 years shall be carried out in specific centres for juvenile offenders, different to those provided for persons who have reached the age of majority. Young people under 21 years of age and, exceptionally, those who have not reached 25 years of age, shall be interned in establishments for young people.
Prison RulesThe inmates will be separated inside the establishments, taking into account, as a priority, the criteria of sex, age and criminal history and, with respect to convicts, the treatment requirements.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2019 In the Andoiu-Gorbeia and El Segre centres, security guards lacked specific training in child restraint, use of force that does not compromise their vital functions and de-escalation techniques, that contravenes what is recommended by the CPT, regarding issues related to the staffing [CPT / Inf (2015) I-part] and the Recommendations of the MNP. Suggestions were formulated in order to provide the centres with a training plan for this staff. Report details
2019The NPM 2019 report promotes a reform applicable to detention centres for juvenile offenders to include the requirement of a minimum academic qualification for personnel who provide direct care to minors, in particular educators and the monitors who should act as reference figures for young people and be able to motivate and guide them. Rejected: Staff who do not have the required qualifications are professionals with seniority prior to the effective date of the current collective agreement. Report details