Country

Spain

Detention issue

Protection against violence

FRA research findings

View details

Legal instruments & key provisions

Legal instrument Key provision
Prison Rules (Reglamento Penitentciario)General provison 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.

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