In a new report on a visit in 2024 to the autonomous community of Catalonia in Spain, the Council of Europe's anti-torture committee (CPT) expresses concern about some allegations of ill-treatment received from persons detained by the Mossos d'Esquadra - the regional Catalan police - and from inmates held in prisons. The CPT once again calls on the authorities to abolish the use of fixation of prisoners and juveniles to beds with straps.
The primary objective of the visit, which took place from 25 November to 5 December 2024, 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 (Departaments Especials de Règim Tancat), and on persons subjected to the measure of mechanical fixation. Further, the CPT examined the treatment of children and young persons 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, a number of persons interviewed by the CPT made allegations of physical ill-treatment, consisting 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.
As regards the situation in prisons, the report 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. Measures to that end should include ensuring enhanced oversight, improved training on control and restraint measures and a more accurate recording of injuries.
The application of mechanical fixation of prisoners for regimental purposes remains problematic. The CPT finds that such a measure poses 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 report points out the risk that mechanical fixation may be resorted to for punitive reasons and may be applied to prisoners suffering from mental disorders without being surrounded by the necessary safeguards in terms of recording, reporting and medical supervision. The CPT, therefore, concludes once again that mechanical fixation should be abolished. If applied, it should only be implemented in a medical setting. The CPT encourages the authorities to continue exploring alternatives, such as the placement of agitated and violent prisoners in a padded cell.
The response of the Spanish authorities refers to a broad range of measures being taken to address the CPT's recommendations. These include the roll-out of specialised programmes for the management of violent and disruptive prisoners, which is intended to reduce the application of mechanical fixation measures, the recruitment of an additional 407 prison staff, measures to rectify the deficiencies of 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 refers to training activities provided to police officers in manual control techniques and the application of means of restraint in police detention. It also reaffirms its commitment to improving conditions of detention in police cells by addressing the structural deficiencies highlighted by the CPT.
Link to press release
