The primary objective of the ad hoc visit to Spain was to examine the treatment of persons detained in police stations and prison establishments, with a focus on prisoners accommodated in closed-regime departments, the so-called DERTs (Departements Especials de Règim Tancat), and on persons subjected to the measure of mechanical fixation. The CPT also examined the treatment of children and young people held at the Els Tillers Juvenile Educational Centre.
Most persons met stated that they had been treated correctly by members of the Mossos d’Esquadra, however, the CPT received a number of allegations of their physical ill-treatment of detained persons. The alleged ill-treatment consisted of slaps, punches and blows with truncheons, inflicted at the time of arrest or during transfer to a police station. The report recommends that the hierarchy of the Mossos d'Esquadra disseminate a message of zero tolerance of police ill-treatment to all staff. Further, the practice of conducting medical examinations of detained persons in handcuffs and in the presence of members of the Mossos d'Esquadra should be terminated. Also, the CPT remains critical of the layout and poor material conditions in police detention cells of the Mossos d'Esquadra in terms of lack of access to natural light, poor ventilation, lack of call bells and access to water and inadequate maintenance. The authorities should address these structural shortcomings.
As regards the situation in prisons, the CPT refers to a number of allegations from prisoners of physical ill-treatment and excessive use of force by prison staff, including slaps, punches, and blows with truncheons. The CPT reiterates the importance of applying a zero-tolerance policy against all forms of ill-treatment and of ensuring, inter alia enhanced oversight, improved training on control and restraint measures as well as a more accurate recording of injuries.
With regard to the situation of prisoners accommodated in DERT modules, the CPT noted certain improvements, such as reduced average periods of detention, the increased presence of dedicated treatment staff and the offer of targeted activities. However, the Committee is critical of the poor material conditions of detention and the reduced level of psychiatric care provided to prisoners suffering from mental disorders in the DERTs. The authorities are also called upon to provide more rehabilitative activities to prisoners in a closed regime, and in reducing the disproportionate use of restraints such as the systematic handcuffing of certain prisoners during all out-of-cell movements.
The application of mechanical fixation of prisoners for regimental purposes remains problematic. In particular, such measures pose a risk of ill-treatment, as evidenced by the practice of prisoners being fixated in a face-down position and forcibly administered intramuscular injections by healthcare staff. Further, the CPT found that mechanical fixation may be resorted to for punitive reasons and applied to prisoners suffering from mental disorders without the necessary safeguards in terms of recording, reporting and medical supervision. The Committee concludes once again that mechanical fixation should be abolished and that such a measure should only be implemented in a medical setting. The authorities are also encouraged to continue exploring alternatives, such as the placement of agitated and violent prisoners in a padded cell.
As regards the Els Tillers Educational Centre, the conditions of detention, the atmosphere and the diversified range of activities on offer should be highlighted. However, the report details several allegations of excessive use of force against minors by private security personnel. The authorities should exercise greater oversight over the selection and training of private security personnel to be deployed at the centre. The Committee highlights the adverse effects of the application of the measure of mechanical fixation to juveniles in the centre's therapeutic unit, recommending its abolition and the adoption of alternative methods to calm agitated and violent minors. The CPT also recommends the abolition of the segregation of children under the age of 18 as a disciplinary punishment, as well as the discontinuation of their systematic handcuffing during transportation and medical examinations.
The response of the Spanish authorities refers to a broad range of measures being taken in order to address the CPT’s recommendations. These include the roll-out of specialised programmes for the management of violent and disruptive prisoners intended to reduce the application of mechanical fixation measures, the recruitment of an additional 407 prison staff, measures to rectify the deficiencies of the material conditions in DERTs and to reduce the stay of prisoners under closed regime, and the full operationalisation of the new training facility for prison staff at Brians I Prison. Further, the senior management of the Mossos d’Esquadra refer to training activities provided to police officers in manual control techniques and the application of means of restraint in police detention, and reaffirm their commitment to improve conditions of detention in police cells by addressing the structural deficiencies highlighted by the CPT.
