Country

Spain

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Organic Law Foreign inmates are entitled to free legal aid. Foreigners who serve their sentences in Spain are deported after their release. Inmates facing deportation do not benefit from any sentence adjustment. Inmates have the following rights: the right to an interpreter for certain procedures; the right to a written translation of documents which are essential to ensure the exercise of the rights of defence.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022A protocol or other type of legal instrument be drawn up, in coordination with the General Secretariat of Penitentiary Institutions, to establish the obligation for prisons to send to the health service of the detention centres for foreigners the medical records of those foreigners who come from the prison environment for their expulsion, so that during their stay in the detention centres for foreigners they may receive the medical and pharmacological care they need. Report details
2023[...] that the Prison Administration of the Basque Country adopt the necessary measures to make available to prisons a system of simultaneous interpretation, accessible in all facilities and for any type of procedure, so that all persons can exercise their right to information and assistance, in a broad sense, with due respect for the guarantees of confidentiality and [...] Report details