World Organization Against Torture denounces illegal practices in Catalan prisons

The World Organization Against Torture (OMCT) has denounced illegal practices by prison staff at some Catalan prisons in its Global Torture Index report published on Wednesday.

The report reads that Spain is at moderate risk of torture after analyzing the risks and ill-treatment in 26 countries, including Russia, India, Mexico, Libya, Turkey, and Italy, to name a few.

The OMCT reports that "prison staff in Catalonia frequently apply means of restraint" on people who are deprived of their freedom and some of these measures include "mechanical restraints and corporal punishments." Some include even tying detainees to beds, have punitive elements and, as the international body states, these "do not comply with legal provisions."

The text adds that various bodies, such as the European Committee for the Prevention of Torture, have requested to abolish these practices "on numerous occasions."

Catalan prison staff do not offer, based on the report, regular access to a lawyer, the right to appear before a judge, or interpretation and translation services, "even though approximately half of the prisoners in Catalonia are foreigners," the text reads.

Based on figures from the European Parliament, 48% of prisoners in Catalonia are foreigners, while the European average is 25%.

The worldwide organization also cites that guarantees related to the lodging of complaints are "rarely applied" in practice, such as being informed of the status of the complaint or even receiving interpretation support.

The OMCT highlights that while the Spanish Penal Code applies to the country, the management of the penitentiary system is decentralized, meaning that the Secretary of Penal Measures is in charge of prisons, and that conditions differ from the rest of Spain.

Therefore, it is calling on Catalan prison workers to also tackle the issue as the "application of the Istanbul Protocol is inconsistent and often lacks the necessary guarantees for thorough documentation."

Aside from restraints on prisoners, the OMCT also mentions that prison medical professionals do not immediately offer "noninterfering medical examinations of victims of torture or ill-treatment." These "are rarely carried out," even though workers are part of the public health system, the text reads.

Catalan prisoners also "often face reprisals, including increased searches, unnecessary disciplinary sanctions, transfer to higher security institutions, solitary confinement, and intimidation" if they lodge complaints, and personnel suspected of abuse are "rarely suspended during investigations."

The OMCT also states that despite Spain is party to important international human rights treaties, their implementation "remains inconsistent," as for example the problems are "rooted in structural and institutional shortcomings" and even "the national legal definition of torture does not conform to the definition in Article 1 of the UN Convention against Torture."

The body also cites that courts often "dismiss torture complaints prematurely," and that internal control mechanisms lack transparency and impartiality.