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Spain

Capital city — Madrid

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Panorama

Contact with the outside world

Visitation rights

All prisoners have the right to receive visits

yes

Each inmate has the right to two “ordinary” visits per week lasting for 20 minutes each, or a single visit of 40 minutes. “Ordinary” visits are permitted to inmates classed as “first and second grade”. “Third grade” inmates only have restricted daytime visits during their working hours.

The initial visit permit is granted after a meeting with family members at the prison. The family members must provide their name, address, ID, preferred day and time for the visit and their relationship to the inmate (via the family record book). The rules are different for non-family members. The prisoner requests a visit permit in writing, addressed to the prison governor, indicating the name and identify of the visitor. The governor decides whether or not to grant the permit.

Visit permits are granted

within a week

People eligible to visit

family and friends

Only family members and friends who have been authorised are allowed to visit a prisoner. Visits generally take place at the weekend and are limited to four visitors.

Prisoners and visitors can meet without physical barriers

no

Ordinary visits take place in an individual cubicle with a thick glass window separating the prisoner from their visitors.

Prisoners are allowed to receive visits from their children or minor relatives

yes, special arrangements are provided

Children are allowed to visit. Family visits are specially arranged for children. These are requested by inmates who are unable to get an exit permit and take place in a dedicated area where activities are organised for the children. Family visits take place at least once [a month] and last for between one and three hours.

Conjugal visits are allowed

yes

Required conditions for conjugal visits

established relationship for at least six months

Conjugal visits are allowed on condition that written proof can be provided of a stable relationship lasting for at least six months (Instruction 4/2005 of the General Secretariat of Penitentiary Institutions - SGIP). The sexual orientation of the couple is not taken into account. Some sentencing judges allow conjugal visits for couples whose relationship was established through letter-writing. The visitor must not have a criminal record.

Conjugal visits known as “vis-à-vis” are available to prisoners without exit permits. They take place at least once a month. These visits last between one and three hours and take place in a dedicated room that provides guaranteed privacy. These visits are also available to two inmates.

Another type of conjugal visit is the “shared life” visit (“Comunicaciones de conviviencia”), which is reserved for inmates who lived as part of a stable couple (whether married or not) before their incarceration. Children of less than ten years old may be present. These take place at least once a quarter and may last for up to six hours. The visiting area is furnished and equipped with drinks machines and food products. The length of these visits can be reduced by half if the prison does not have adequate premises.

Visitors are permitted to bring books and clothing when they attend. Food products must be purchased by the visitor from the prison shop. Items are provided to the prisoner by different methods depending on the type of visit:

  • For ordinary visits, items are handed in when entering the prison, checked and then handed over to the prisoner.
  • For other visits (vis-à-vis, shared life, etc.), the items are given directly to the inmate, who is often searched at the end of the visit.

The concerns of the prison administration are the main consideration when placing prisoners in an establishment. Family ties tend to deteriorate between the inmate and their loved ones. Travel costs are often cited as a reason.
The case of Basque prisoners being held far from their families demonstrates this point.
The detained members of ETA[^etanom] accused of terrorism had previously been assigned to institutions across the country, in the framework of a dispersion policy implemented from 1987 to 2018. This meant that some families had to travel more than 1,000 kilometres in order to visit their detained relatives. As of 2018, a new policy has been implemented regarding the placement of ETA prisoners closer to their families. The members of Etxerat, an association for the family members of prisoners who are part of ETA, pointed out that 73% of them are now imprisoned within less than 400 kilometres of the Basque Country. The Spanish government repored that at least 179 prisoner members of ETA are now located in Basque Country or nearby.

  • A map showing the distribution of members of the Euskadi ta Askatasuna (ETA) organisation incarcerated in Spain revealed that nearly 100 of them are held in the Basque Country. Associations for victims of terrorism condemned this breakdown of the dispersion policy. Associations for the support of ETA prisoners, in contrast, encouraged efforts to hold prisoners closer to their place of residence: 79 ETA members are still incarcerated in facilities outside of the Basque Country.

    i
    25/04/2022
    / The Objectif

Correspondence

Prisoners are allowed to exchange mail

yes

There is no limit to sending or receiving letters. The cost is borne by the prisoner.

Mail exchanged is subject to control

yes

Letters received are often opened in the presence of the inmate so that the contents can be checked. Letters sent from prisons are also subject to censorship before being dispatched, although this generally does not apply to open prisons.

Prisoners are allowed to receive parcels

yes, under certain conditions

The number of parcels is limited to two per month, or one per month for “first grade” prisoners. A parcel cannot exceed five kilograms in weight. There is a list of banned items. Outgoing parcels are inspected prior to dispatch.

E-mail exchange is possible

no

Phone calls

Prisoners are allowed to make external phone calls

yes

The rules allow five telephone calls per week (article 47). The prison authorities usually allow two calls, but the number varies according to the establishment and the detention regime. Each call is limited to five minutes.

Inbound calls are forbidden.

Prisoners are allowed to call

anyone

The prison management provides the initial authorisation. The inmate must provide details of the people they have selected, including their address, telephone number and the nature of their relationship.

The phones are located

in the communal areas

There is no guarantee of privacy when making calls.

The cost of phone calls is in line with market prices

no

“Telefónica” (telecoms company) has the monopoly in the sale of telephone cards. These are more expensive than they would be in the outside world.

Phones calls are wire tapped

no

Phone tapping is only used on inmates who are undergoing special surveillance (under the FIES regime – “Fichero de internos de especial seguimiento”).

The use of cell phones is authorised

no

The use of cell phones obtained on the black market is common. Inmates have an established network for lending and borrowing cell phones. Possession of a cell phone leads to disciplinary action (solitary confinement, withdrawal of walking rights, etc.)

  • In autumn 2022, Botafuegos Prison in Algeciras was the scene of several incidents. Drug traffickers from Cádiz attempted to smuggle in two mobile phones, cables to connect to the power grid and thirty grammes of hashish, as well as other materials like cords and hooks. Ten mobile phones were confiscated after having been hidden in the false bottoms of shelves inside of cells. Prisoners who smuggle in and/or have mobile phones inside of prisons are not subject to additional criminal charges. They can, however, receive disciplinary sanctions, such as being suspended from spending time outside for up to 30 days. Many prisoners prefer taking this risk and continuing to use their phones. More mobile phones have been confiscated at Botafuegos since 2017 than at any other prison facility in Spain: 690 in total.

    i
    07/11/2022
    / OKDiario

Prisoners have access to video calls with external contacts

yes

Inmates who have not had any visitors for a period of at least four months can request access to video-conferencing facilities.