The European Committee against torture asked Spain to eliminate the retention systems in juvenile centers

The European Committee for the prevention of torture censured and requested in 2017 the suspension of the restraint systems that were used in the center of minor lands of Oria de Al


  • Courts. The TSJA warns that there is not yet an opinion on the causes of the death of a young man in the juvenile center of Almería
  • Events.Investigate the death of an 18-year-old boy in a juvenile center in Almería

The European Committee for the prevention of torture censured and requested in 2017 the suspension of the restraint systems that were used in the center of minor Lands of Oria of Almeria where last week an 18-year-old inmate died while tied to a bed after having had an aggressive behavior. This is remembered on Friday by the Human Rights Association of Andalusia, which has joined that request, demanding the end of this type of mechanical containment measures and the cancellation of the concession to the Association for the Management of Social Integration (GINSO ), which is currently managed by the center.

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is a Council of Europe body created to detect and prevent situations of abuse with special attention to persons deprived of their liberty. Well, this institution made a visit to the center of minors Tierra de Oria in October 2016 to know the living conditions and the treatment received by the kids who serve penalties in their facilities, noting then that the retention systems had generated a " great concern to committee members. "

In the report prepared as a result of that visit, the members of the committee detail the conditions of the room that is used for the retentions of the inmates in the event of violent behaviors that may endanger their integrity or that of other persons: "The center had a specific room for the mechanical restraint, which was equipped with a bed (which was not anchored to the floor) equipped with three pairs of handles along the edge to tie the straps.The minors were tied to the bed upside down, with wrists and ankles (and sometimes the torso) tied to the bed with straps and legs wide open.The child who was tied was constantly watched by a staff member through a barred window, but there was no staff member continuously present in the room. "

According to the information that the center then provided based on its records, this type of immobilization had been used 24 times between January and September 2016 and in each case the measure was applied between one and two hours. "Immobilized children were not allowed to go to the bathroom (despite asking for it) and in some cases they had urinated on it." Furthermore, some children alleged that they had been immobilized despite not having been agitated at any time and had perceived the immobilization as a punishment for his bad behavior ", the report details. "There were also allegations of minors who had been threatened with being immobilized as punishment if they did not comply with the rules of the center, moreover, the immobilization had been used repeatedly in children suffering from visible breathing difficulties, " he adds.

The Board then explained that a protocol had been established to guarantee the safety of minors in the event that the detention was prolonged. Thus, the immobilized minor must be immediately visited by a member of the health staff, "who must certify in writing that there are no medical contraindications for the immobilization, must then be visited every 30 minutes by a member of the health staff, who must assess their condition and must be under the continuous supervision of a staff member, either by technical means or, preferably, in person. "

Despite all these explanations, the report stated that, in the opinion of the committee, "the use of means of restraint in these circumstances can constitute inhuman and degrading treatment."

The CPT recommended that the Spanish authorities put an end to the use of restraints, both in terms of strapping prone minors and handcuffing violent and / or agitated minors to fixed objects. In addition, the Committee insisted on the need to introduce alternative methods for the management of violent incidents .

The Association for Human Rights of Andalusia (APDHA) and the Association for the Rights of Children (Prodeni) lamented this Friday in a joint statement that "it is not the first time that a young man dies while applying mechanical restraint, in allusion on the death of the young Mamadou Berry in the juvenile center of Melilla, at the end of 2017.

This week, the newspaper El País published the results of a preliminary report of the forensic ones in which it was reported that the corpse of the young man who died in the center of Tierra de Oria had signs compatible with a situation of asphyxia. The court of Purchena conducting the investigation has recalled that there are still no definitive conclusions about the causes of death. And, for its part, the Minister of Justice, Juan Marín, has asked for "prudence" and not "speculate" with the causes of death that, for now, are being investigated.

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