BackThe optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) aims to prevent torture through the establishment of a system of regular visits to places of where people are deprived of their liberty.
Over the course of the Ombudsman’s first four years of activity as the NPM, it conducted more than 400 visits to places where people are deprived of their liberty. During the visits, in addition to ensuring their fundamental rights, the general conditions under which persons were detained were examined. In addition, since 2011, the NPM has been assisted by external technical experts specializing in legal and forensic medicine, psychiatry and psychology. This collaboration has allowed an exhaustive review of the medical records of those deprived of their liberty, as well as any injury reports that the medical records may contain. The medical examination of persons deprived of their liberty who have injuries is a crucial preventive tool.
Given the importance of this matter, the Ombudsman decided that a study should be made. The present study of injury reports on people deprived of their liberty attempts to analyze the state of injury reports in the Spanish health and legal systems, and makes recommendations that this should be uniform. It also specifies the minimum set of data that these reports must contain in the case of persons deprived of liberty, in order to comply with the international obligations that Spain has signed up to in this respect, and also to facilitate judicial investigation.
While there are problems and deficiencies which have been detected both at the level of basic care and in the emergency services, this study focuses on the primary care, which is given to a person deprived of liberty who has suffered, or reports having suffered, ill treatment or torture.
Source: Office of the Ombudsman, Spain
