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The Council of Europe's Committee for the Prevention of Torture reports delays in legal assistance and malpractice in mechanical fixations
The Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published today the report on its ad hoc visit Spain from 6 to 13 September 2018.
The Catalan Ombudsman welcomes the publication of the CPT report and the collection of information provided by the institution
The Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published today the report on its ad hoc visit Spain from 6 to 13 September 2018. This visit was focused on Catalonia and the Catalan Ombudsman took an active part, among others. Although the CPT report was submitted to the state authorities months ago, it has not been allowed to publish until today.
Some of the conclusions and recommendations made by the Committee coincide with the work performed by the Catalan Ombudsman as a Catalan Mechanism for Prevention of Torture.
Regarding police custody, at Police Headquarters of “Les Corts” in Barcelona, the CPT found instances of unjustified delays (of 12 hours or more) in notifying third persons nominated by detainees. There is also a need to improve access to a lawyer in practice, through improved co-operation with the Bar Associations.
In respect of prisoners accommodated in special closed-regime departments (DERT), Circular 02/2017 foresees a more individualised approach and the reinforcement of safeguards surrounding their placement in a DERT although the CPT found that further steps were required to fully implement this Circular. As foreseen by the Circular, inmates affected by mental health disorders should either be placed in a medical setting or be provided with increased attention by specialised staff. The Catalan Mechanism recommended one year ago that mechanical fixation should be practiced only for medical, not regimental, reasons. This year, a study on praxis in Catalan prisons is being completed.
Finally, the CPT visited two women's prisons. At Brians 1 Prison, the lack of differentiation, resulting in all types of prisoner being mingled together regardless of their needs and the challenges they posed, contributed to a sense of insecurity and fear, and should be addressed. On the positive side, the CPT found that the mother and baby unit at Wad-Ras Prison represented good practice.
The European Committee for the Prevention of Torture and Inhuman or Degrading Punishment (CPT) is a specialized independent body of control of the Council of Europe. It is endowed with independent and impartial experts, such as lawyers, doctors and prisons or police experts. The CPT visits detention sites in the member states of the Council of Europe to see how prisoners are treated. Examples of places of detention are police stations, prisons, juvenile detention centres, immigrant detention centres, and psychiatric or geriatric hospitals.
