Access to detention facilities

Spain

Country Report: Access to detention facilities Last updated: 21/04/22

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Article 62-bis of the Aliens Act provides that civil society organisations defending migrants and international bodies can visit CIE under the conditions foreseen by way of regulation.

The seventh section of the CIE Regulation thus concerns participation and cooperation of NGOs. In particular, Article 58 foresees the possibility to contract NGOs for the provision of services of social assistance inside the centres. Following the adoption of the Regulation in 2014, a contract was signed in 2015 between the Spanish Red Cross and the Ministry of Interior. In addition, Article 59 of the Regulation allows organisations working with migrants to receive a special accreditation to enter CIE and conduct monitoring of the detained persons. Detained migrants could also be able to contact an organisation to which they wish to speak. Before this agreement, the CIE had a stronger penitentiary character and social assistance to detainees was much more limited.

These provisions have been very much welcomed by the Spanish civil society committed to migrants’ rights protection, as they enable their regular access to the centres, which can make a significant difference in improving conditions of detention for third-country nationals. In particular, a better identification of the most vulnerable groups or persons with particular needs can be assured, as no specific mechanism with this aim has been established by the state.

In recent years, the Ombudsman reiterated several recommendations aimed at improving social, legal and cultural assistance in CIEs, as well as the necessity for a deeper reform of such facilities. In its Annual Report published in 2021, the Ombudsman continued to express concerns on the health assistance provided to inmates at the CIEs,[1] and indicated as a priority the need to realise an assessment on how health assistance is provided at such facilities.

The Jesuit Migrant Service denounced the same deficiencies, as well as the obstacles that NGOs face in accessing CIEs.[2] The same obstacles in accessing the CIE of Barcelona has been reported by the NGO Irídia.[3]

 

 

 

[1] Defensor del Pueblo, ‘Informe anual 2020. Volumen I – Informe de Gestión’, May 2021, available at: https://bit.ly/3tHBreX, 230.

[2] Servicio Jesuita a Migrantes, ‘Informe CIE 2019. Diez años mirando a otro lado’, December 2020, available at: https://bit.ly/2Ndzg1k.

[3] Irídia, ‘Informe sobre violencia institucional en 2020’, February 2021, available at: https://bit.ly/3oAYYgy.

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