Country

Spain

Detention issue

Legal assistance

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Organic Law, Penitentiary LawAn inmate can appeal the decision of the Inspection Service of the Administration to the Judges of Execution. The decision of the Judge of Execution can be appealed to the Provincial High Court, then, its decision to the High Court of Justice of Autonomous Community. This new decision can be appealed to the Supreme Court. A lawyer can assist the inmate in the preparation of their defence. The lawyer is not permitted to be present at the disciplinary committee. Inmates have access to a legal aid centre and several regions’ law schools offer legal aid to inmates.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022The NPM continued to identify deficiencies that sometimes hinder the proper investigation of allegations of torture and ill-treatment. There were no real, effective, confidential and independent reporting channels that allow persons deprived of their liberty to report ill-treatment and be protected from reprisals. Allegations and complaints of ill-treatment were then usually known at the insistence of some family members or civil society organizations that manage to make them visible. Report details
2023That an interdisciplinary team be established to ensure that there are effective and confidential reporting channels in prisons, so that persons deprived of liberty can report ill-treatment, whether physical or mental, without fear of reprisals, considering the possibility of having a mediator in this team to guarantee the impartiality and neutrality of the process. The existence of this team will contribute to the collection of evidence for a better investigation and protection of the person who alleges to have been the victim of inappropriate treatment. Report details