Thread by @milfordedge

Report on visits to people imprisoned since Oct 14 during protests in #Catalonia against #Spain's Supreme Court ruling 459/2019 by @sirecovi (System for Registration and Communication of Situations of Institutional Violence) of the OSPDH-UB (@OSPDH1)

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sirecovi.ub.edu/index_en.html

More than 200 people were arrested and 600 injured during clashes between protesters and police officers from various forces.

The @sirecovi report is the result of interviews with 22 of the people who were remanded in custody.

Pic: Enric Fontcuberta @EFEnoticias
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The 22 detainees, aged between 18 and 35, were jailed in 6 different prisons across #Catalonia.

9 reported being arrested by Mossos d’Esquadra
5 by the National Police
1 by local police
6 by plainclothes officers
1 did not specify

Graphs: @sirecovi
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Number of references made by the 22 prisoners to physical violence from police:

baton blows to the body: 12 times
kicks to the body: 12
being thrown to the ground: 11
having an officer’s knees pressing against the face/neck: 5
handcuffs so tight as to cause injury: 4
...

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Number of references to physical violence by police (cont'd):

treading on the head: 4
kicks to the face: 3
punches to the face/head: 2
twisting of limbs: 3
being dragged along the ground: 2
impacts from foam/rubber bullets: 1
being hit in the face with a bottle: 1
choking: 1

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References to psychological violence from the police on the public thoroughfare:

Threats - 3, such as:
“Kill him/her! Kill him/her!”
“We’ll stick this baton up your ass"

Insults - 4
“son of a bitch”
“What a son of a bitch’s face you got”
“red”
“poof”

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Mockery, such as:

“When you go to jail, the best thing is getting out on the dole”
“Get him/her in van already, then nobody will see”.

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The physical and psychological violence are not unconnected. In one account it is alleged that, having knocked a detainee to the ground by hitting him/her in the face with a bottle causing a cut eyebrow, the police threatened to kill him/her.

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In the police vans transferring the detainees there were more insults, more threats, more mockery and more physical violence. On top of "we’ll stick this baton up your ass", they got:
“See what you get for being an independentist!”
“You dog, how dare you?”

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Handcuffs rubbed their wrists raw, half weren't wearing safety belts and were handcuffed behind their backs, which gave them very little stability and made the journey “hell” due to the sharp braking and accelerating of the police van drivers.

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Two people reported being kicked in the body by the police, two were thrown to the floor of the van, one suffered a split lip in the fall.

One complained that he/she'd warned officers that he/she was in a lot of pain but, instead of helping, they tightened the handcuffs.

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After reaching the police stations or medical centres, some detainees reported being kept in the police vans for between half an hour and an hour, feeling “an unbearable heat that made it difficult to breathe”, and being in a lot of pain due to the blows.

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They said they were cold and had no blankets, that they were made them sleep on the floor, urine reaching them from a flooded bathroom, that their food was thrown at them through the grate in the cell door, "like dogs", that the cells were dirty, that the blankets had “mites”

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One person was not given food, but couldn't have eaten it anyway due to the great pain in his mouth from being punched and kicked in the face. Two others said that the police placed a bottle of water in front of them so that they could see it, but couldn't reach it to drink.

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Another detainee explained that, despite a sprained knee, they were forced to kneel facing the wall and, with every attempt to look up and complain about the pain, given a smack and forced not to move.

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At National Police HQ in Barcelona there was a rumour an officer had died. From then on, officers laid into detainees, spattering the walls with their blood. Although all had open bleeding wounds, police didn't stop until they saw that one of them was in a really bad way.

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In response to one detainee’s protests at the abuse of another detainee, it was reported that a large number of officers approached, one of whom had a cutter, and as he opened and closed it, he said “you are looking for a death, but that death won’t be one of ours”.

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Due to the tense situation in the police station, one long-term sufferer of anxiety had an attack. Despite being warned, no help was given and an officer told them to “die in here”.
Another complained that the police lost their glasses, without which it was impossible to see.

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Two people held in Tarragona police stations were woken in the early hours by the Spanish national anthem.

They were also forced to speak in Castilian, even when speaking to family members on the telephone.

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In another account, a police officer is reported as calling a detainee a “fucking wimp” as he/she watched how police kicked a young person who had just entered the station about the head and arms and someone else was thrown to the ground.

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Only 58% of detainees were read their rights the same day but not always immediately - 16% in the street or police van, 21% at the police station, and 21% hours later. One detainee demand they do so.

16% were either not informed of their rights or unaware it had been done.

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Not all detainees were able to contact their relatives: 4 weren't given the option, 1 refused and 1 couldn't remember the number.

Of those notifying relatives, 1 did so on arrival at the police station, 8 didn't specify and 7 said hours passed before they were able to do so.

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It is noteworthy that some people reported being forced to speak in Spanish during the telephone call and two alleged that their relatives weren't told where they were detained; one notes that his relatives were notified of the place of detention, but in an informal manner.

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Transfers from police stations to duty magistrates’ courts:

1 person was driven by the Mossos d’Esquadra to the Lleida Court handcuffed and without a safety belt.

5 others also reported being driven to the court in handcuffs.

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On arrival at court, only one person recalled being given food and water.

Once in the cells, detainees waited for varying lengths of time before appearing before the judge, with 3 saying they were made to wait all day and others between 3 and 6 hours.

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One detainee, a migrant, became very agitated to learn he was going to prison and attempted suicide by hanging himself.

As a doctor tried to inject an anxiolytic, police tried to immobilise him, but both gave up. No medical assessment nor report of any type was made.

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Statements before duty judges:

8 detainees spoke of the presence of police officers at court appearances.

2 detainees in Girona court reported that the National Police officers present wore hoods and kept their faces hidden at all times.

4 had to testify in handcuffs.

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Other complaints about court appearances included:

- defendants not being given the chance to explain themselves

- a judge wearing a pendant with ribbons in the colours of the #Spanish flag clearly visible

- being addressed in a mocking tone

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3 defendants didn't testify, 9 only answered their lawyers' questions. Complaints included:

- judge asked no questions about visible injuries
- judge laughed at everything they said
- court-appointed lawyer asked no questions about blows received
- no interpreter was provided
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Courthouse cells were described by detainees as:

- “a nest of shit” (Lleida)
- “dirty, precarious and small” (Lleida)
- “a stone bench” (Tarragona)
- “a small space with police officers and others present” (Tarragona)

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One person wanted to make it known that they had “anxiety attacks with severe shortness of breath” in the cells at the Barcelona courthouse. It went untreated.

Another reported not being given water or food for the whole day at Lleida courthouse.

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Time between court hearing and notification of provisional imprisonment:

Lleida - up to 30 mins
Tarragona - 3 hrs
Girona - 5 hrs
Barcelona - up to 10 hrs

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Notification of provisional imprisonment:

- 7 were not told the identity or position of the person giving the notification;
- 5 were unable to speak to defence counsel after notification;
- 1 able to speak for only a minute;
- 1 person's lawyer refused request for interview

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Medical examinations

Of 22 prisoners interviewed:

9 received no medical attention in either the police station or the courthouse

11 were taken to health centre
7 examined by doctors at courthouse

3 treated by doctors when handcuffed - 2 in police and 1 in court custody

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All 18 people undergoing medical examinations while in custody did so in the presence of police officers, whether in the police station or the courthouse. There were police officers present in all of the consulting rooms at all times.

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No detainees were given any documentation after the medical examinations and its whereabouts is unknown.

On imprisonment, all 22 people interviewed declared that they underwent a medical exmination. No police or prison officers were present at these examinations.

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National and international guidelines regulating medical examinations on detainees (esp. when they show obvious signs of violence after protests) and documentation of institutional violence, ill-treatment and/or torture contain important provisions that will be set out here:

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Istanbul Protocol (UN, 2000)

Manual for effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment, detailed in its regulation of “medical ethics” regarding medical examinations on people deprived of their liberty: ...

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Principle 56:

- the duty to do no harm, help the patient, protect the vulnerable;

- the only acceptable criterion for discriminating between patients is that of the relative urgency of their medical need.

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Principle 57:

The principle of professional independence requires that the healthcare professional at all time concentrate on the fundamental objective of medicine, which is to alleviate suffering and anxiety and avoid harm to the patient, despite other pressures.

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Principle 61:

- World Medical Association states that doctors must always do what is best for patients, including prisoners and suspected offenders;

- professional independence requires doctors to use the best medical practices, whatever pressures they may be subjected to.

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Principle 83:

- the patient's informed consent is required before any medical examination is undertaken;

- examinations must be conducted in private and without the presence of security officers or other government officials.

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A full record of the visit must be kept:

- name and affiliation of all present
- time and date
- location, nature and address of institution where examination is conducted
- presence and demeanour of security forces
- threatening statements to the doctor

etc.

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Principle 84:

- the medical report should be confidential and communicated to the subject or their nominated representative;

- the views of the subject and their representative about the examination process should be solicited and recorded in the report.

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Standard Minimum Rules for treatment of “Nelson Mandela” inmates (UN, 2015)

This set of rules and recommendations establishes the status of persons deprived of their freedom. Among its many medical health provisions, the following should be highlighted: ...

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Rule 24.1:

Healthcare provision for prisoners is a State responsibility. Prisoners should enjoy the same standards of health care available in the community, have access to healthcare services free of charge and without discrimination on the grounds of their legal status.

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Rule 34:

- if healthcare professionals detect signs of torture or other cruel, inhuman or degrading treatment or punishment, it must be recorded and reported to the relevant authority;

- procedural safeguards dictate that the prisoner must not be exposed to any risk of harm

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Charter of Citizens’ Rights and Responsibilities on health care (Generalitat de Catalunya Health Ministry) states that:

- medical examinations must be confidential and private;

- the patient must give express consent for anyone other than medical personnel to be present.

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Transfers to prison

One person reported:

- being attacked by officers in police van;
- being handcuffed behind back;
- not wearing a seat belt;
- being thrown about by repeated braking and accelerating;
- people’s heads and bodies being banged against the van's interior.

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Another person wanted to put it in on record that, when they were being taken from the Barcelona court to the police van, right in front of the City of Justice, they were approached and struck on the chest by a Mossos d’Esquadra officer.

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Prisons

4 Camins YOI - 6 interviewees:

- all examined by a doctor;
- 3 reported being examined alone for 1st time since their arrest;
- 1 showed the doctor injuries, but never received the medical report;
- treatment was described as “very correct", "a relief”, “very good”.

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Wad-Ras Women’s Prison - 3 interviewees

- 2 were refused dinner for arriving too late;
- 2 underwent medical examinations in the penitentiary;
- 1 was seen by a nurse who treated the wounds on their back;
- 2 described the treatment received as “normal”.

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Brians 1 penitentiary centre - 2 interviewees:

- 1 claimed to have undergone several medical examinations on several occasions;

- the treatment was described as “very good” by one and “normal” by the other.

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Ponent penitentiary centre - 5 interviewees

- all underwent medical examinations, some on several occasions;

- the treatment was described as “good”, “very good”, and “correct”;

- 1 person said that they were not allowed to call their family in Morocco.

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Puig de les Basses prison - 4 interviewees:

- all received medical examinations;

- 1 reported receiving no clothing or hygiene kit on entering prison;

- the treatment was described as “all very correct”, “no complaints” and “okay” ...

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... Feeling unwell, one interviewee said that they asked a prison officer to call a doctor and that the officer responded by saying:

“We aren’t going to bother the doctor because your head hurts”.

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Mas d’Enric penitentiary centre - 2 interviewees:

- both reported undergoing medical examinations;
- 1 said a doctor recorded their injuries at every examination and described the treatment as “very good”;

- 1 said that the fear and suffering ended with their imprisonment.

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Report by System for Registration and Communication of Institutional Violence (@sirecovi) of UB's Observatory on Penal System and Human Rights (@OSPDH1): interviews with people imprisoned during protests against jailing of 9 #Catalan leaders on 14/10/19
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sirecovi.ub.edu/index_en.html