Country

Spain

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Prison Rules (Reglamento Penitentciario)General provision on right of detainees to have their lives, integrity and health safeguarded by the administration, without, in any case, being subjected to torture, mistreatment by word or deed, or being subjected to unnecessary rigour when applying the law.
Ill-treatment complaints protocol (Protocolo denuncias malos tratos)Three types of measures: first, Prison Directors are ordered that when they learn of facts that could be criminal, they must urgently inform the judge on duty. Second, the injury reports must be sent to that judge, even when injuries are not serious and though there are no observable injuries when an inmate claims to have been mistreated. Third, in order to manage complaints of mistreatment, based on the concept of mistreatment established in the Convention against Torture and other cruel, inhuman or degrading treatment or punishment (United Nations Assembly) an Ill-treatment complaints protocol is set
General Penitentiary Law (Ley General Penitenciaria)Among the security measures are the observation of prisoners, prisoner counts, registers, interventions, cell changes, controls. For specific security reasons, a complete strip search can be authorised by the head of services. Proportional use of coercive methods such as physical force, rubber fenders, appropriate action aerosols and handcuffs are authorised when there is no other less burdensome way.
Organic Law 10/2022 on the comprehensive guarantee for sexual freedomThere is the need for protocols to be established in prisons to detect and investigate sexual violence, as well as to protect potential victims and process potential complaints. It is also important to train public prison employees in transversal gender perspective and comprehensive protection against sexual violence as fundamental elements of their training.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM pointed out to arrange specific training on the special features of the closed regime, for public officers actually or potentially providing this service on facilities of this kind. Report details
2019It is essential that, when the management of the centre or the SGIP becomes aware that a detainee claims to have suffered ill-treatment, the necessary actions must be taken immediately to clarify the facts. For this purpose, it is necessary to eliminate the situations or practices that hinder the necessary verification of the basis of the complaints and to carry out the appropriate inquiries, collecting ex officio all possible evidence. Report details
2019To guarantee the proper training of civil servant, technical and health personnel in gender identity and sexual orientation, gender violence and its effects on physical, mental and emotional health. Partially accepted: Measures will be adopted to influence the training of all prison staff in matters of gender identity and sexual orientation, gender violence and its effects on physical, mental and emotional health. Report details
2021To issue the appropriate orders by the General Secretariat of Penitentiary Institutions so that whenever rubber or aerosol defences of appropriate action are carried, regardless of whether they are used actively or not, their use is reported to the prison supervision court and the corresponding prison supervision prosecutor's office. Report details
2022The NPM continues to perceive a risk that stems from the current gap between complaints and allegations of various types of abuse experienced in places of deprivation of liberty: those that are reported, recorded, and investigated and those that manage to evade existing administrative and legal barriers. Therefore, the fact that court rulings on this matter continue to be scarce is a matter for reflection in order to dispel the existing risks stemming from deficiencies in the reporting channel, the availability of means for providing proof, the possible fear of reprisals and delays in carrying out investigations. Investigations into ill-treatment imply the joint effort of the different administrative bodies if we are to bring conclusion of these investigations in dismissals and suspension of criminal proceedings to an end. Report details