Conditions in detention facilities

Spain

Country Report: Conditions in detention facilities Last updated: 07/05/26

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Conditions in CIE

According to Article 62-bis of the Immigration Law, CIEs are public establishments of a non-penitentiary nature. Admission to and stay in these facilities shall be solely for preventive and precautionary purposes, safeguarding the rights and freedoms recognised in the legal system, with no limitations other than those applying to their freedom of movement, in accordance with the content and purpose of the judicial detention order of admission.

Article 62-bis of the Immigration Law further entails a list of rights recognised to the detained individuals. This includes the right to be informed and to have access to a lawyer, to an interpreter, to appropriate medical and health support as well as access to NGOs working with migrants. They also have the right to have their life, physical integrity and health respected, and to have their dignity and privacy preserved. The conditions for the access to NGOs as well as the access to adequate social and health care services must be laid down by way of regulation.

Article 3 of the CIE Regulation,[1] adopted in 2014, provides that:

“The competences on direction, coordination, management and inspection of the centres correspond to the Ministry of the Interior and they are exercised through the General Directorate of the police, who will be responsible for safety and security, without prejudice to judicial powers concerning the entry clearance and control of the permanence of foreigners.”

The Ministry of Interior is also responsible for the provision of health and social care in the centres, notwithstanding whether such service can be arranged with other ministries or public and private entities.

On the operation and living conditions within the CIEs, there is scarce official information provided by the administrations responsible for their management. Due to this lack of transparency, during the last years several institutions and NGOs have developed actions of complaint and denounce shortcomings in the functioning of the CIE. Examples of these activities are the specialised annual reports by the Ombudsperson (and its respective representatives at regional level), by the State Prosecutor, and by several organisations of the third sector, academic institutions and media. In addition, valuable information is contained in the rulings of the judicial bodies responsible for controlling stays in the CIE (Jueces de Control de Estancia).

While the CIE Regulation was long awaited, it was established with many aspects to be improved and ignoring many of the recommendations formulated by the aforementioned entities. This is reflected by the decision of the Supreme Court, which, right after the adoption of the Regulation, cancelled four of its provisions as contrary to the Returns Directive, regarding the need to establish separated units for families, procedural safeguards on second-time detention and prohibition of corporal inspections.[2]

 

Conditions and riots

Even though under the law CIE do not have the status of a prison, the reality in practice suggests otherwise and conditions of detention therein are still not satisfactory. CIE continued to be the object of high public scrutiny and have attracted media and NGO attention during 2025 and beginning of 2026 due to several incidents that took place throughout the year.

Throughout 2025, the following developments and incidents were registered:

  • In March 2025, around 20 inmates at the CIE of Barcelona started a hunger strike to denounce the lack of guarantee of their rights, including mistreatments.[3]
  • In April, a fire spread at the CIE of Valencia, with no consequences for inmates but leaving three police officers injured.[4]
  • In June and July, at the CIE of Aluche (Madrid) experienced an infestation of bedbugs and rats.[5] Another bedbug’s infestation was reported to the Spanish Ombudsperson and the supervising judge in December.[6]

Information on the conditions within detention centres is available in the reports from the CIE visits conducted by the Spanish Ombudsperson, including those within its responsibilities as National Prevention Mechanism against Torture. The findings, facts and recommendations concerning the CIE visited by the Ombudsperson are available in the Annual Report of 2024, published in 2025,[7] as well as in the report issued by the Spanish Ombudsperson in his capacity of National Prevention Mechanism against Torture.[8] In its 2024 annual report, the NPM highlighted that communication with visitors are carried out without the possibility of opening the windows and that the visiting rooms lack chairs for both inmates and visitors. In addition, it reported that inmates interviewed by the NPM at the CIE in Valencia complained about the food and the shortage of water. The NPM verified that this issue required the intervention of the supervisory judge. The centre failed to comply with the provisions of the CIE regulations regarding the obligation of the healthcare service to intervene in the condition, preparation and distribution of food offered in CIEs.

Moreover, the annual report of the Jesuit Migrants Service on CIEs in Spain provides relevant information on conditions and their situation, based on visits carried out by the organisation.[9] In its 2024 annual report, the Jesuit Refugee Service continued to underline several elements which need to be significantly improved to ensure adequate conditions and guarantee the rights of detainees. Issues reported continued to include the challenges experienced in accessing communication, due to the restrictions on the use of mobile phones and obstacles to family or NGO visits. In addition, it continued to denounce that healthcare is insufficient, mental health needs are not tackled due to the lack of resources and specialists, safe reporting channels are absent.[10]

Visits to the CIE of Aluche in Madrid are regularly carried out by the organisation SOS Racismo, with the objective, among others, of providing legal and psychological support to detainees.[11]

Additionally, the annual report of the Public Prosecutor office informs about the conditions at the CIEs, in light of the visits that the institution carries out.

Activities, health care and special needs

The CIE Regulations governs the provision of services for sanitary assistance,[12] including access to medical and pharmaceutical assistance (and hospital assistance when needed), and contains provisions concerning clean clothes, personal hygiene kits and diets that take into account personal requirements.[13] In the same way, Article 15 of the Regulation concerns the provision of services for social, legal and cultural assistance, which can be provided by contracted NGOs. Detained third-country nationals can receive visits from relatives during the established hours,[14] and have access to open air spaces.[15]

As regards families with children in detention, although the Regulation did not initially foresee ad hoc facilities, the 2015 ruling of the Spanish Supreme Court obliged the detention system for foreigners to provide separated family spaces. Officially recognised unaccompanied minors are not detained in CIE, although there have been several reported cases of non-identified minors in detention.

Notwithstanding legal provisions, and the improvement in conditions after the adoption of the CIE Regulation, each centre still presents deficiencies, as the establishment of specific available services depends on each of the CIE directors.

In general, shortcomings have been reported concerning structural deficiencies or significant damages which may put at risk the health and safety of detained persons, overcrowding, absence of differentiated modalities for persons who have committed mere administrative infractions, restrictions to visits or to external communications, frequent lack of material for leisure or sports activities. In addition, the provision of legal, medical, psychological and social assistance is limited and not continuous; detained persons often lack information regarding their legal situation, their rights or the date of their return when removal is applicable. Also, interpreters and translators are often not available in practice.

In its 2024 annual report, the Jesuit Migrants Service continued to denounce the lack of adequate health assistance to inmates, as well as the assistance to mental health needs lacks resources and specialists, despite the demands of the supervisory judges.[16]

In its 2024 annual report, the Spanish Ombudsperson, in his capacity of National Prevention Mechanism against Torture reiterated the need to implement an adequate protocol at CIEs for reporting, registering and investigating cases of mistreatment reported by inmates.[17]

In November 2025, the Minister of Interior granted €1,125,000 to the Red Cross for providing assistance to inmates at CIEs.[18]

 

Conditions in police stations

According to several reports, migrants detained in police stations after arriving in Spain by sea face dire conditions.

In its 2024 annual report, the Spanish Ombudsperson, in its capacity as National Prevention Mechanism against Torture, in relation to his previous recommendations to adopt a regulation of CATEs, informed that the Directorate-General of the Police considers that the regime for persons detained in these facilities  is the same as that provided for in the areas of custody for detainees, and therefore the resources made available are the same as those for other persons in custody in police stations, as set out in the instruction of the Secretary of State for Security 1/2024, relating to these areas. This regulation includes specific improvements in relation to the equal treatment of LGTBQI+ persons, pregnant women and persons with mental illness. It also includes the figure of a facilitator and a protocol for dealing with children. The NPM also informed that the recommendation related to the adoption of a protocol for attending migrants upon arrival should include a thorough medical examination was not accepted, as the examination carried out by the Red Cross was considered sufficient. The NPM considered that the system in place for attending to new arrivals is inadequate and does not meet the standards of the Committee for the Prevention of Torture.[19]

 

Conditions in border facilities

Border facilities are periodically visited and monitored by the Spanish Ombudsperson, also in his capacity as National Prevention Mechanism against Torture.

The situation of the “non-admission room” in Madrid Barajas Airport has raised serious concerns in recent years because of its deplorable conditions. Concerns continued to be raised in the 2024 annual report published by the Spanish Ombudsperson, who continued to underline the need to improve its facilities, as well as the international protection procedures carried out there and the urgent need to adopt

structural measures to address the registration and formalisation of applications, reception conditions, procedural guarantees and access to effective judicial protection for applicants for international protection.[20]

 

 

 

[1] Real Decreto 162/2014, de 14 de marzo, por el que se aprueba el reglamento de funcionamiento y régimen interior de los centros de internamiento de extranjeros.

[2]  El País, ‘El Supremo anula cuatro artículos de la norma de los Centros de Internamiento’, 27 January 2015, available at: http://bit.ly/1uAbrvf.

[3] El País, ‘Internos del CIE de Zona Franca anuncian una huelga de hambre por “tratos denigrantes”’, 28 March 2025, available here.

[4] Levante, ‘Tres atendidos por un incendio en el CIE de València’, 24 April 2025, available here; las Provincias, ‘Tres policías heridos, dos de ellos hospitalizados, tras el incendio en el CIE de Zapadores’, 24 April 2025, available here; Europa Press, ‘Detenido un interno del CIE de Zapadores de València por el incendio de este jueves’, 25 April 2025, available here

[5] El Mundo, ‘Tras la plaga de chinches, llegan las ratas al CIE de Aluche: “Es una cadena de insalubridad”’, 4 July 2025, available here; Plaga de chinches en el CIE: «No tenemos papeles, pero somos también personas»’, 23 June 2025, available here; El Mundo, ‘Alarma por una plaga de chinches en el CIE de Carabanchel similar a la de Barajas: 30 días de fumigación, cierre de salas y aforo máximo de 50 internos’, 20 May 2025, available here.

[6] El Salto Diario, ‘Internos del CIE Aluche denuncian ante el Defensor del Pueblo y el Juzgado de Control una plaga de chinches’, 30 December 2025, available here.

[7]  Defensor del Pueblo, ‘Informe anual 2024’’, March 2025, available here.

[8]  Defensor del Pueblo, ‘Informe anual 2024. Anexos. Anexos del Mecanismo Nacional de Prevención (MNP). Anexo A – INFORME COMPLETO DEL MNP’, March 2025, available here.

[9] Servicio Jesuita a Migrantes, ‘RAÍCES TRAS LOS MUROS. Un modelo fallido de privación de libertad, falto de transparencia y garantías. Informe CIE 2024’, 30 September 2025, available here.

[10] Servicio Jesuita a Migrantes, ‘RAÍCES TRAS LOS MUROS. Un modelo fallido de privación de libertad, falto de transparencia y garantías. Informe CIE 2024’, 30 September 2025, available here.

[11] SOS Racismo, see: https://sosracismo.eu/sos-racismo-madrid/.

[12] Article 14 CIE Regulation.

[13]  Articles 39-47 CIE Regulation.

[14] Article 42 CIE Regulation.

[15] Article 40 CIE Regulation.

[16]  Servicio Jesuita a Migrantes, ‘RAÍCES TRAS LOS MUROS. Un modelo fallido de privación de libertad, falto de transparencia y garantías. Informe CIE 2024’, 30 September 2025, available here.

[17] Defensor del Pueblo, ‘Informe anual 2024. Anexos. Anexos del Mecanismo Nacional de Prevención (MNP). Anexo A – INFORME COMPLETO DEL MNP’, March 2025, available here.

[18]  Boletín Oficial del Estado, ‘Orden INT/1417/2025, de 14 de noviembre, por la que se concede una subvención directa a Cruz Roja Española, para el desarrollo de programas asistenciales en los Centros de Internamiento de Extranjeros en el ejercicio presupuestario 2025’, 9 December 2025, available here.

[19]  Defensor del Pueblo, ‘Informe anual 2024. Anexos. Anexos del Mecanismo Nacional de Prevención (MNP). Anexo A – INFORME COMPLETO DEL MNP’, March 2025, available here.

[20] Defensor del Pueblo, ‘Informe anual 2024’, March 2025, available here.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation