Spain | Recommendations for improving the situation of Spanish nationals detained in prisons overseas

The Ombudsman, Soledad Becerril, has presented a study on the situation of Spanish prisoners abroad which analyses 224 complaints dealt with by the Institution in the last two years, and makes recommendations for improving the situation that the prisoners find themselves in.

The complaints submitted by the prisoners, relatives or NGOs relate to prisons in 27 countries.

Their complaints focus on delay in the transfer documents for them to serve their sentences in Spain, and procedural difficulties in the course of the lawsuits.

In the study, the Ombudsman has recommended regulating situations whereby Spanish nationals incarcerated abroad and who lack financial resources can have access to free legal assistance. The Institution has asked for guidance and prison legal assistance services to be created in consulates in Latin America.

It has also requested that staff and material resources be reinforced in the consulates that deal with the largest number of prisoners and for better communication channels between relatives and the consular authorities.

It also advocates establishing help mechanisms for Spanish nationals on parole or on bail overseas who cannot leave the country because they have criminal liabilities pending.

From the point of view of the Institution, it is important to press on with endeavours to cut down the time taken to process enforcement of the transfer procedures, once they have been approved.

According to Ministry of Foreign Affairs and Cooperation data, on 30 December 2014 there were 1,735 Spanish nationals serving a sentence in prisons overseas. Four out of every five of them, for offences related to drug trafficking.

In these visits made by the Office of the Ombudsman, it has been possible to establish the important assistance and humanitarian task carried out by Spanish consular offices abroad and humanitarian organisations. The Institution also had the benefit of the collaboration of equivalent institutions in the countries where the Spanish prisoners are found.

The complete study is available (in Spanish) under this link.

Source: Spanish Ombudsman Office

 

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