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Spain

Capital city — Madrid

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Ministry in charge

  • Ministry for the Interior
  • Ministry for Health (in Catalonia and the Basque Country)

Social organisations are campaigning for the responsibility for healthcare to be transferred to the Autonomous Communities. This would facilitate the co-ordination of healthcare programmes (transfer of medical records, continuity of care, etc.). Legislation enacted in 2003 would allow this transfer to take place, however this has only happened in Catalonia and the Basque Country.

  • On 29 November 2023, the Association for Human Rights in Andalusia (APDHA) requested the transfer of healthcare responsibilities to the autonomous communities, as provided for by law in 2003.

    i
    29/11/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)

The prison staff is represented by (a) union(s)

yes

The two main trade unions are:

  • The Association of Penitentiary Administration (ACAIP), the most influential organisation
  • The Professional Association of Prison Officers (APFP)

Several prison unions have denounced their working conditions, particularly with regard to violence, understaffing and lack of security means. They have also been critical for several years of the lack of dialogue with the authorities to improve their working conditions.

  • The unions ACAIP-UGT and CSIF criticised the poor working conditions for staff at Puerto III due to staff shortages. They called for prison management to re-establish communication with staff representatives.

    i
    20/12/2023
    / Diario de Cádiz

  • Several unions (CCOO, CSIF, APFP, ACAIP-UGT) have denounced two assaults at Logroño and Badajoz facilities. The union ACAIP-UGT says this figure is significantly lower than the reality of the situation. It called for the acceleration of the revision process of Article 80 of the General Law for Prison Organisation (Ley Orgánica General Penitenciaria). The unions want prison staff to be seen as authority figures.

    i
    07/05/2023
    / Europapress

  • In February 2023, prison service unions requested the reclassification of Spanish prisons, as well as changes to the organisational model and working conditions. The ACAIP-UGT has condemned staff shortages, estimating the need for 4,000 additional workers in state-run prisons.

    i
    16/02/2023
    / El Periódico

Prison density

73.7 %

i
01/2022
/ World Prison Brief, ICPR

  • Puerto III is the most overpopulated facility of the prisons managed by SGIP. 1,300 people are held there despite an operational capacity of 1,008 people. This level of overpopulation leads to incidents and security issues.

    i
    20/12/2023
    / Diario de Cádiz

There is an effective separation between men and women

yes

Mixed facilities are authorised in exceptional circumstances, with the consent of prisoners, for the execution of specific programmes or to maintain family links. Married male and female prisoners can meet in visitor’s rooms specifically equipped for families. These locations cannot accommodate people convicted of crimes of a sexual nature (according to article 99 of the Prison Regulations).

  • Since 2021, men and women have lived side by side in one unit of Teixeiro Prison, near A Coruña in Galicia. The goal is to better prepare people for reintegration. 20 women and 35 men are currently held there. They eat, work and participate in activities together. Participants in the unit are chosen from volunteers. Across the country, 20 mixed-gender units bring together 202 women and 925 men.

    i
    08/11/2023
    / Yahoo News

A medical examination is performed upon admission

yes

An examination is carried out on arrival in detention. New inmates undergo blood tests and other medical examinations. An assessment with a doctor must be carried out within 24 hours of admission.1 A doctor and a nurse review the medical history and carry out a “risk assessment”: suicide risk, drug use (type of drug, frequency, method of consumption, withdrawal symptoms, etc.), mental disorders. Risk behaviours such as sharing injection equipment, unprotected sex and tattooing are also taken into account. The communicable disease assessment covers infections such as tuberculosis, HIV, HCV, HBV and syphilis. This assessment provides guidance on the appropriate treatment (substitution treatment or care) to be provided.
The CPT recommends that all establishments keep a register of injuries sustained by inmates before their admission or during their detention.

  1. European Commission, Mentally Disordered Persons in European Prison Systems - Needs, Programmes and Outcome (EUPRIS), October 2007, p. 28. ↩

  • In June 2023, the Association for Human Rights in Andalusia (APDHA) criticised the significant waiting times prior to medical screenings for new arrivals at Puerto III Prison in Cádiz. These delays have a negative impact on prisoners’ cell assignments and reintegration.

    i
    20/06/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)

All allegations and suspicions of ill-treatment inflicted on prisoners are logged

no

Complaints of ill-treatment must be logged in a registry. This log is nonexistent in most facilities. The Ombudsman has stressed the importance of maintaining a register in each establishment and has noted that the available data is imprecise and contradictory. This results in a poor understanding of torture and ill-treatment. The CPDT publishes an annual report of ill-treatment and cases of torture. The CPDT draws on information provided by victims and their relatives, lawyers and human rights organisations. It also uses information from courts and from trustworthy newspaper articles. The CPDT maintains that the listed number of cases are partial, and that a large number of incidents of mistreatment go unreported due to fear of retribution and a lack of confidence in the judicial system.
The Ombudsman and the CPT delegations may conduct confidential interviews with prisoners during their visits. Information from these visits is not made public. The Watchdog for the Prison System and Human Rights, a research centre based at the University of Barcelona, lists cases of poor treatment and torture in prison. It uses the System of Registration and Communication of Institutional Violence (SIRECOVI), which allows communication with victims to protect them.

  • In June 2023, the Association for Human Rights in Andalusia (APDHA) published its seventh periodic report on the implementation of the Convention against Torture. It was presented at UN headquarters on 20 and 21 July 2023. This “Shadow Report” presents the violations committed by the State, which has yet to recognise the Istanbul Protocol. Spain does not investigate allegations of torture despite 12 convictions from the European Court of Human Rights on the issue.

    i
    26/06/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)

  • The NPM’s recommendation to include photographs in the injury registers for incarcerated individuals has been implemented. However, the use of these records remains insufficient.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Salaries are

significantly below the national minimum wage

Wages for inmates working in Spanish prisons vary between €3.20 and €4.50 per hour (an average of €200 to €300 per month) for non-specialised work. This is well below the national minimum wage, set at 1,000 euros per month.

  • In November 2023, the Association for Human Rights in Andalusia (APDHA) criticised the poor working conditions of prisoners. Wages are set at 3 to 4 euros per hour. Prisoners work numerous overtime hours for which they are not compensated.

    i
    15/11/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDH)

Women experience greater difficulty accessing shared facilities, such as the library, sports centre, and theatre, than men. The activities offered are more limited, despite participating more frequently than men; in 2016, 39% of women joined workshops and vocational training, compared to 27% of men. The activities on offer are dominated by stereotypes, such as workshops on fashion, embroidery and housework.

  • In October 2023, the Association for Human Rights in Andalusia (APDHA) reported that around 80 of the 100 women incarcerated at Puerto III Prison in Cádiz (which was holding 1,300 people in total) were held in a unit with people in different procedural situations. Unlike the 20 other women, they were not able to access paid work. This situation is also discriminatory with respect to the rights of men in the same facility. It is a violation of Article 16 of the General Law for Prison Organisation, which stipulates that prisoners must be incarcerated with people in the same situation as themselves.

    i
    11/10/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)

  • Most penitentiary centres do not allow joint activities for men and women. In some facilities, women face discrimination and have less access to training or work opportunities.

    i
    09/2023
    / Defensor del Pueblo (MNP)

-

Inmates with addictions have particular services available:

  • Smoking: the percentage of smokers among prisoners is higher than in the outside population. The prison administration has been increasing smoking information and awareness campaigns since 2012. It has organised conferences and individual cessation programmes. The length of the programmes varies between two and three months and the participants have a follow-up assessment at the end of their programme. In 2016, the programme was in place in 18 establishments and was involved in the treatment of 315 inmates.

  • Alcoholism: a programme provides awareness of the risks of excessive consumption of alcohol, suggests strategies to abstain and organises group workshops to motivate the patients. The average number of participants in the programme is 1,300 inmates per quarter.

  • Drug addiction: the war on drugs is one of the key priorities of prison health programmes. Many intervention programmes have been developed around three fundamentally interdependent areas: prevention, assistance and social reintegration. Dedicated therapy areas have been set up. Inmates with drug dependencies can access substitute treatments, like methadone.

  • In October 2023, the Association for Human Rights in Andalusia (APDHA) criticised the lack of access for women at Puerto III Prison to intervention programmes for mental health and substance use disorders.

    i
    11/10/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)

  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that cannabis is the most-consumed drug in prison (the same is true outside of prison). 11.2% of respondents consume cannabis in prison, 1.6% of whom say their consumption started in prison. 7.8% of respondents consume non-prescription tranquilisers in prison, 26% of whom say their consumption started in prison.

    1.3% of respondents consume cocaine in prison, 1% of whom say their consumption started in prison. 1.4% of respondents consume heroin in prison, 14.7% of whom say their consumption started in prison. 20.8% of prisoners say they have received treatment for their substance use disorder during their incarceration. The most common treatment is for heroin addiction. 62.6% of individuals who have received treatment to combat opiate dependence received methadone treatment. 81.8% of individuals treated for alcohol use disorder received psychological therapy, and 18.2% received pharmacological treatment. Alcohol is the most-consumed psychoactive substance prior to entering prison and the least-consumed once in prison (2% of respondents had consumed it in the 30 days prior to the survey). In 44.6% of cases, addiction management is provided exclusively by prison staff; 27.7% of the time exclusively by external professionals; and 27.7% by prison staff and external professionals working together.

    i
    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)

  • The Joint Committee on Addiction Problems approved, with a unanimous vote (32 to 0), a non-legislative proposal from the Partido Popular relating to the use of non-prescription tranquilisers on prisoners.

    i
    25/04/2023
    / Infosalus

The general detention regime

Individuals with mental health problems can be placed in correctional facilities. They are typically placed in the general detention regime. The CPT observed that psychiatric visits were inadequate in correctional facilities. At Teixeiro prison, where 6% of prisoners receive antipsychotic medication, no psychiatrists visited between 2011 and 2016. At Léon prison, where 25% of prisoners have diagnosed personality disorders, one psychiatrist visited for four hours per week. No permanent psychologist was available at any of the facilities visited by the CPT in 2016.1

In 2005, the prison service established “PAIEM” (Programa de Atención Integral a Enfermos Mentales), a programme for prisoners suffering from certain mental illnesses. PAIEM is active in most facilities. The prisoners who participated in the programme in 2017 totalled 2,029, 4.3% of the prison population (1,892 participants in the SGIP prisons and 137 in Catalonia).2 Doctors and psychologists are the primary contributors to PAIEM. The programme also receives periodic support from psychiatrists, personnel specialised in mental health and other professionals such as educators, social workers, legal experts and occupational therapists.2 NGOs also participate in the programme’s operation.

The Spanish Ombudsman reported the unsatisfactory performance of PAIEM in most of the prisons visited. Medical care is limited to diagnosing participants and drug monitoring. Appropriate therapeutic treatment is often missing.3

The CPT noted the lack of healthcare professionals contributing to PAIEM in the facilities visited. No psychiatrists or psychologists were affiliated with the programme: only general practitioners or professionals specialising in other fields.1

The infirmaries in penitentiary centres held 7,432 prisoners with mental disorders in 2020. The percentage of the prison population dealing with serious and chronic mental disorders is estimated at 5%.

Specialised units within correctional facilities

Despite legal provisions, few facilities are equipped with psychiatric units. The two psychiatric prison facilities are in Seville and Alicante, under the control of the Ministry of the Interior.
Brians I prison, in Catalonia, has a psychiatric hospital unit. Brians II has a psychiatric rehabilitation unit that can house 22 patients. This prison also has an arrangement with the Sant Joan de Déu hospital, for the treatment of prisoners with serious mental health problems. These institutions are under the control of the Catalan Department for Justice.

A “polyvalent unit” accommodates female prisoners with mental health disorders at the Wad-Ras prison in Catalonia. The CPT observed that the patients in these units did not receive care or assistance. It deemed the units inappropriate environments for people suffering from mental disorders.4

In all units within correctional facilities, as is the case in the general regime, medication is the only treatment provided to people experiencing mental disorders.

Penitentiary psychiatric hospitals

People deemed to have diminished responsibility at the time of the offence due to their mental disorder are legally required to complete compulsory treatment called a “preventive measure” in a penitentiary psychiatric hospital.5 The country has two penitentiary psychiatric hospitals, Alicante (Fontcalent) and Seville. They are under the authority of the Ministry of the Interior and have 50 spaces each. In 2018, the Alicante hospital held 230 men and 26 women. The Seville hospital totalled 161 men at that time.2

Both facilities have been criticised for overcrowding, poor organisation and insufficient healthcare personnel. They seem to operate more from a penitentiary mindset than a psychiatric one: “Nearly ten years ago, prison facilities were already warning that these places were becoming substitutes for asylums, which have been prohibited since the psychiatric reform of the 1980s”, according to the platform Salud Mental Fuera de las Prisiones.

The Spanish Ombudsman noted a shortage of specialised professionals, especially in the Seville penitentiary psychiatric hospital. This facility has four psychiatrist posts to address the needs of 169 prisoners; however, in 2017, only one post was filled.3

General psychiatric hospitals

People under “preventive measures” can be held in general psychiatric hospitals if they are not considered “dangerous”.
Police officers are responsible for ensuring security at general psychiatric hospitals. They carry out surveillance of the prisoners held in these facilities.

Psychiatric units within prisons are few and far between, despite the legal measures put in place.

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 27 September to 10 October 2016, November 2017, p.45. ↩ ↩

  2. Vincent Delbos et al., Évaluation des Unités Hospitalières spécialement aménagées (UHSA) pour les personnes détenues, December 2018, pp.112-114 (in French). ↩ ↩ ↩

  3. Spanish Ombudsman, 2017 Annual Report, 2018, p.168 (in Spanish). ↩ ↩

  4. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 6 to 13 September 2018, February 2020, p.56. ↩

  5. Articles 95 to 108 of the Penal Code (Codigo penal) ↩

  • The General Secretariat of Penitentiary Institutions announced in 2023 that the Alcalá de Guadaíra women’s prison in Seville would be converted into a penitentiary psychiatric hospital in order to provide specialist care for prisoners with mental disorders. The estimated cost is 5.8 million euros, and the hospital would open in 2025.

    The building has two storeys and will have 20 beds for newly admitted people, people under suicide prevention measures, and people experiencing psychosis. It will include three different units: acute, stable and open.

    i
    26/10/2023
    / M.I. Colegio de Abogados de Pamplona

  • The CCOO is requesting the opening of a prison psychiatric wing in Galicia. It argues that 30% of the prison population suffers from mental health issues. 1,206 prisoners in the region have received diagnoses.

    i
    15/05/2023
    / Europapress

Prison regulations set out the access criteria for work. Access to work is used as a reward for good behaviour. Prisoners classified as “first grade” rarely get access to work. The prison leadership committee examines the request, considers their approval and carries out a follow-up.

The offered work comprises three types of activity:

  • General prison services. This refers to work that contributes to the day-to-day running of the prison (cooking and baking, laundry, maintenance, shops, gardening, ancillary services)
  • Workshops organised by and for the prison administration. Production of goods and services marketed by the prison administration (clothing manufacture, metalwork and woodwork, printing, agricultural work).
  • Work organised by private firms (packing, assembly, fabrication).

Inmates placed in open prisons work outside the prison.

  • A prisoner at the Algeciras reintegration centre (Cádiz province) complained about being unable to work at night due to the centre’s 11 p.m. curfew. The prison management offered the solution of taking leave days to not return after the curfew. The NPM pointed out that it is inappropriate to expect a prisoner to utilise their leave days for this purpose.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Means of restraint (handcuffs, chains or body restraints, etc.) are used when transferring prisoners to high security units following an incident.

Minors in the Sogradio and Tierras de Oria prisons have reported being slapped and hit by staff. The CPT notes the use of mechanical constraint on agitated minors . Some minors at the Tierras de Orias prison were immobilised on their stomach while attached to a bed for several hours. They were not allowed access to a toilet.

The CPT reported, in 2017, that fixation is used for prolonged periods without adequate supervision. It is used as a punitive measure, following verbal aggression or passive resistance from prisoners. The CPT warns of a risk of inhuman and degrading treatment, particularly when the fixation is used on prisoners with mental disorders.1 The Spanish Ombudsman also reported in 2018 that a prisoner with serious mental disorders held at the Soria detention centre in Catalonia was placed under mechanical restraint for a very long period. No medical supervision occurred while the measure was being carried out.2 The CPT observed that mechanical fixation was used 126 times in the correctional facilities of Catalonia in the first nine months of 2018. Medical staff carried out visual checks at regular intervals.3

Following its visits in December 2021, the CPT highlighted “considerable progress” concerning mechanical fixation and the duration of its application.

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 27 September to 10 October 2016, November 2017, p.39. ↩

  2. Spanish Ombudsman, 2018 Annual Report, 2019, p.100 (in Spanish). ↩

  3. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 6 to 13 September 2018, February 2020, p. 41. ↩

  • The practice of strapping prisoners to beds is on the decline, except in facilities managed by the Catalan prison service.

    i
    09/2023
    / Defensor del Pueblo (MNP)

The methods of body search employed are pat-down, strip search and body cavity search. The person carrying out the search is clearly identifiable. Cells are not equipped with cameras. Searches are not filmed. Strip searches are carried out in a dedicated room. Prisoners suspected of trafficking or taking drugs would regularly be subjected to strip searches.

  • A prisoner has raised concerns over the use of X-ray body scanners as a search method in a correctional facility. This type of examination should be allowed only if the prison service formally requests it from the appropriate judicial authorities, specifically when there is suspicion of the individual concealing hazardous items or illegal substances.

    Strip searches are not consistently carried out in settings that uphold the prisoners’ physical integrity or their privacy. Consequently, the NPM has mandated an inquiry into the Zuera correctional facility (Zaragoza).

    i
    09/2023
    / Defensor del Pueblo (MNP)

The classification of prisoners is revised

every three or six months

The classification is reviewed every three or six months for “first grade” prisoners (article 65 of the General Penitentiary Organic Law).

  • The mandatory assessment of prisoners six months following their transfer to a new facility often takes place later than required, adversely affecting the possibility of adjusting their prison regime.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Assignment of transgender prisoners to a specific facility depends on

  • their own identification
  • their ID gender
  • their biological sex

The allocation of a transgender prisoner to a male or female establishment is not systematically dictated by their biological sex or legally recognised gender. Decisions are generally made on a case-by-case basis by the prison management. The prisoners involved can indicate their preferred unit.

  • In many facilities, the identities of transgender prisoners are not properly recorded.

    i
    09/2023
    / Defensor del Pueblo (MNP)

  • In March 2023, six prisoners at the Asturias penitentiary centre initiated the procedure to amend their registered gender, in accordance with the provisions of Article 43.1 of Law 4/2023 on transgender individuals. The law states that any person can request the modification of their gender in the civil registry, with no special conditions. The new law does not, however, establish any specific protocol concerning transgender people who are incarcerated.

    i
    26/03/2023
    / El Español

Security staff is prohibited from entering the room during labour and childbirth

yes

Officers of the Civil Guard are obligated to remain outside the delivery room.

  • Female prisoners in the Alicante prison give birth in the presence of police officers.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Pregnant women receive proper prenatal care

yes

Women’s quarters are equipped with obstetric equipment. Some women have reported a lack of access to gynaecological services1.

  1. Gómez Ramírez, Sonia, “[The Reintegration of Women in Prison](https://addi.ehu.es/bitstream/handle/10810/18684 /Gomez%20Ram% C3%ADrez%20Sonia.pdf?sequence=1)”, 2016, University of the Basque Country, p. 61. (in Spanish) ↩

  • The provision of care for pregnant women and preparation for childbirth are deficient. Respect for privacy and confidentiality is lacking.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Pregnant women are housed in specific units or cells

yes

Pregnant women are placed in a unit for mothers, conditional on the availability of places.

  • A pregnant underage girl was admitted and isolated in the residential unit of Punta Blanca prison. She was not provided with any childbirth preparation or afforded psychological counselling.

    i
    09/2023
    / Defensor del Pueblo (MNP)

The torture prevention policy includes training staff on human rights issues, and regular visits by the Ombudsman and CPT. This policy also allows, on the recommendation of the SGIP, the installation of surveillance cameras in cells equipped with restraints. The SGIP has, however, refused to regulate the recording, acquisition, conservation and transmission of the images from the CCTV system in prison facilities. The Ombudsman has criticised the variation in video surveillance systems, and the lack of transparency resulting from this heterogeneity. They underline the absence of supervision for staff or of guarantees of prisoners’ rights1.

  1. Ombudsman, “2017 Annual Report and debates in the General Courts”, 2018, pp. 180-181. (in Spanish). ↩

  • A prisoner at León correctional facility reported an assault by a guard. The NPM noted that the incident took place in a blind spot not captured by surveillance cameras and thus recommended installing a camera in that area.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Number of deaths attributed to suicide

62

i
2020
/ Council of Europe, SPACE I – 2021 Report, p. 117.

  • 3,498 cases of self-harm were recorded during 2021, including 87 serious cases.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Future prison wardens are required to pass an exam and undertake training to join the prison staff. There are three qualifying exercises: a personality evaluation, a knowledge test, and a medical examination. The selected wardens undergo rotation training. To sit the exam, there are several prerequisites: potential recruits must have Spanish nationality, hold a bachelor’s or vocational degree, and have never been sentenced to a prison term of more than three years.
The prison staff association Tu abandono me puede matar denounce the significant costs charged to staff members to access the mandatory training before assignment to prison facilities. These costs include lodging and amenities relating to the five-week stay.

  • A programme designed to address discrimination based on gender, age, ethnic background, and disability among staff members was introduced in 2018, following the guidelines of the NPM. This initiative was broadened in 2021 to include psychiatric hospitals and institutions for minors (CIMI), and further extended to police precincts in 2022.

    i
    09/2023
    / Defensor del Pueblo (MNP)

Risk minimisation programmes in prison aim to reduce drug-related risk of harm. Programmes include testing, vaccination and provision of safe injecting equipment, protection and hygiene products such as bleach.
A needle exchange programme has been in place since 1997. Condoms are made available. The review of this programme shows that:

  • Drug use and injection does not increase
  • Risk behaviours and transmission of diseases (HIV, Hepatitis C) decrease
  • Positive health outcomes have been observed (drastic reduction in overdose cases)
  • A number of establishments vouch for the effectiveness of the programme.

  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that 21.2% of the prison population was aware of the needle exchange programme. 2.3% of prisoners surveyed stated that they do not use needles that have already been used.

    i
    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)

Prisoners can smoke

in their cell

  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that 74% of the prison population smoked. Men under 25 years old represent the largest category of smokers. 80.2% of the prison population under 24 years old smoked tobacco in the month preceding the survey. These percentages are higher than among the general non-institutionalised population.

    i
    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)

Number of violent acts against prison staff

300

Official statistics put the number of attacks in 2022 at more than 300, double the figure for the previous year.

i
2022
/ OKDiario, Semana negra en las prisiones españolas: 12 agresiones a funcionarios en cuatro cárceles

  • 90% of attacks on staff seem to be due to poor care management of mental disorders and staff’s lack of training in handling these situations.

    i
    15/05/2023
    / Europapress

  • 12 assaults on guards were recorded in 2022 at Picassent prison (Valencia).

    i
    28/04/2023
    / Europapress

  • According to the union SCIF, 577 prison officers were victims of serious or minor assault in Catalonia in 2022, an increase of 48.6% compared with 2021.

    i
    16/02/2023
    / El Periódico

Inmates undergo a medical examination on arrival at the institution. The prevention of epidemic and communicable diseases is of utmost importance. An x-ray is performed on all inmates who show the first symptoms of tuberculosis. A doctor performs this examination.

  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that only 65% to 73% of prisoners claim to remember having been offered screening for HIV, hepatitis B and C or syphilis. The disease for which the highest number of people remembered being screened was hepatitis C (72.8%). 4.6% of people screened were HIV-positive, and 13.6% tested positive for hepatitis C and 1.1% for hepatitis B. The percentages are higher for men in all categories. 97.4% of prisoners diagnosed with HIV were receiving treatment. This percentage is higher among women. 37% of respondents say they have been vaccinated for hepatitis B, while reports show a vaccination rate of 22.1% in the population outside of prisons.

    i
    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)

Number of medical staff (FTE)

1,343

i
2021
/ Council of Europe, SPACE I – 2021 Report, p. 90.

The number of healthcare staff (FTE) has not shown any significant change. It was 1,3391 in 2020. The European Committee for the Prevention of Torture (CPT) reports, in 2020, a lack of health care staff. The report highlights the lack of nurses and doctors in detention as well as the lack of psychiatrists and psychologists. Overall, the report states poor working conditions for medical staff.
In August 2022, 67% of vacant posts for doctors in detention were not filled. There are 148 regular posts occupied, 40 temporary posts and 3 student interns, i.e. less than 200 doctors for more than 55,000 detainees. In 2021 and 2022, the Ministry of the Interior opened 80 new posts for health staff. 11 have been filled. The doctors are critical of the precarious nature of temporary contracts, the lack of qualifications and training for temporary staff, and the widespread stress caused by the difficult working conditions. In December 2022, the General Secretariat of Penitentiary Institutions (SGIP) acknowledges a “shortage of medical professionals in certain prisons”, making it impossible to “guarantee the provision of medical care 24 hours a day”. The government is introducing teleconsultations with in-house professionals assigned to other establishments as a response to the shortage.

  1. Council of Europe, SPACE I - 2020 Report, p. 83. ↩

  • The Palma penitentiary centre holds 1,000 prisoners. Although the medical staff should include nine people, it is typically only two. No healthcare staff were present on Easter. This shortage leads to increasingly frequent transfers to exterior facilities, resulting in security and budget problems. The prison facility requested the transfer of healthcare responsibilities to the autonomous communities.

    i
    19/04/2023
    / Europapress

  • Andalusian prisons do not have enough doctors. 16 (75%) of them have private contracts. Since March, 65 job posts have been open in the prison medical sector. Cádiz and Seville have 15 vacant posts; Malaga, 11; and Granada, 7. The CSIF explains this staff shortage with the low wages for prison doctors compared to those of their colleagues outside of prison.

    i
    18/05/2023
    / Europapress

  • The prison authorities have publicly criticised the shortage of doctors in the country’s prisons. Half of the posts are not filled, and professionals have also reported a lack of resources. The union CSIF published figures showing that nearly 7 in 10 posts have not been filled.

    i
    24/03/2023
    / Antena 3

Conjugal visits are allowed

yes

  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that 48.4% of prisoners have one or more partners, of which 11.4% are in prison. 53.3% stated that they had been sexually active in the year prior to the survey. 97.9% of men and 89% of women who reported sexual activity said that the intercourse was heterosexual. 38.8% of prisoners who had had sexual encounters over the 12 months leading up to the survey said that they had used condoms. Figures for condom usage double when one of the partners is HIV-positive.

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    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)

There are three forms of temporary release:

1. Ordinary permit: the prisoner must have completed a quarter of their sentence, be classed as second or third grade, and show evidence of good behaviour. Meeting these conditions does not guarantee that leave will be granted. The length of an ordinary permission is 36 days per year for prisoners classed as second grade, divided into two half-year periods, with a maximum of seven consecutive days. For prisoners classed as third grade, the maximum is 48 days per year, subject to the same conditions. Prisoners on remand are not eligible for this permit.

2. Extraordinary permit: these are granted, in exceptional circumstances, to remand or convicted prisoners classed as first grade, in the case of the death or illness of a family member, or childbirth. These permits are subject to much stricter surveillance, and the prisoner usually remains handcuffed. The length of the permit is restricted to the duration of the event.

3. Weekend permit: the prisoner must be classed as third grade in order to be eligible. The outing usually lasts from 16:00 on Friday to 8:00 on Monday.

  • Certain magistrates no longer consider it necessary for prisoners who are members of the ETA to ask for forgiveness in order to request temporary release. They see the prisoner’s conduct in prison as a much more relevant indicator of growth. Two prisoners, in 2022 and 2023, were approved for temporary release through similar judgements, but the decision was reversed by the Public Prosecutor, who argued that their temporary release violated the provisions of Article 72 of the general prison law.

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    17/05/2023
    / Europapress

The proportion (%) in 2018 of convicted persons by the length of their sentence is1:

  • Less than a month: 0.1%
  • Between one to three months: 0.3%
  • Between three and six months: 3.2%
  • Between six months and one year: 5.9%
  • Between one and three years: 19.4%
  • Between three and five years: 21%
  • Between five and ten years: 27%
  • Between ten and twenty years: 18.2%
  • Twenty years or more: 4.5%

  1. European Council, “Annual Prison Statistics. Space I- Prison Populations Survey 2018, 2019, p. 49. ↩

  • The reoffending rate in Catalonia dropped by 9% between 2014 and 2020. The Centre for Studies and Specialised Training says that it is stabilising at 21%. The lowest reoffending rates are for sexual offences (5.3%) and drug-related offences (5.5%). The highest rate is for non-violent property offences (38.4%). The centre concluded that gradually reducing constraints, in particular in a semi-custodial regime, is the best way to prevent reoffending.

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    31/03/2023
    / Europapress

The most prevalent diseases are :

  • Hepatitis C
  • HIV/AIDS
  • Tuberculosis
i
2016

  • A report from the World Health Organisation states that in 2020, 21 prisoners in facilities operated by the Spanish state had been diagnosed with tuberculosis, 3.5% of prisoners had an active HIV diagnosis, 1.1% had Hepatitis C and 3.9% had mental health disorders.

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    15/02/2023
    / Organisation mondiale de la santé (OMS)

The prison service provides personal hygiene products free of charge

yes

Once a month, the prison administration provides a toiletry pack. It includes soap, toothpaste, condoms, lubricant, razors and shaving foam.

  • A report from the World Health Organisation indicates that Spanish prisons provide soap, condoms, lubricants and syringes to prisoners but do not distribute disinfectants.

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    15/02/2023
    / OMS

Variation in the number of suicides

increase

The number of deaths attributed to suicide increased by 26.53% between 2019 (49)1 and January 2020 (62).

  1. Council of Europe, SPACE I - 2020 Report, p. 113. ↩

  • Figures from the Catalonian Ministry of Justice indicate that suicides have become the leading cause of death in the prisons of the Generalitat. Fourteen prisoners died by suicide in 2022. The number of suicides has increased by 22% compared to the previous two years, during which 11 deaths were recorded.

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    2023
    / El Periódico de España

The Spanish penitentiary system comes under two administrations:

  • The General Secretariat for Penitentiary Institutions (SGIP), for all the autonomous communities (with the exception of Catalonia). It is under the supervision of the Ministry of the Interior.
  • The General Directorate for Penitentiary Services (DGSP) for Catalonia. This falls under the supervision of the Department of Justice.

A joint committee facilitates coordination between the two administrations.

Detention conditions vary according to the managing authority of a facility (SGIP or DGSP), the age of the building, and the prison regime.

  • As of 1 October 2021, the Basque Executive is responsible for the management of prisons in its territory.

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    The Objective