The different Bar Associations de Spain accountn with a system on duty shift and unos Services Guidance and Legal Attention Penitentiary (SOAJP) that guaranteesn universal access to justice. Aware that legal or structural conditions from other countries No. what pmakes it possiblen so, we develop specific actions that favorecen un very tangible punctual impact in our interventionn.
Currently, the countries with the highest number of Spanish men and women in prison within the European Union are France (201), Germany (135), Belgium (66), Portugal (49), Italy (39) and the United Kingdom (52). Outside of European borders, Morocco with 123 and the United States with 33 occupy the first two places, followed by Switzerland with 27 and Peru with 23. In around 51% of cases, drug trafficking continues to be the reason why most Spaniards end up in prison.
Considering the volume of Spanish people imprisoned in the different countries, and a the harsh humanitarian conditions they sometimes face, from the Foundation Abogacía Española we have made several missions to some of they, and we offer tolegal and prison support 2016 since.
With the objective of promote reintegration social of the Spanish people sentenced, eis established un right to transfer al country of origin (or with whom they have close tiesguys) for the fulfillment of su custodial sentence. El proceedings requires compliance with various requirements, in general:
- Eexistence of a final judgment in the country where you have been tried for the crime committed.
- That, at the time of submitting the request, there are at least 6 months or 1 year left, depending on the agreements, to finish serving the sentence.
- Have paid the civil liability derived from the crime (or be exonerated from it).
- The sentence imposed for the crime committed is recognized in Spain.
- Existence of a legal instrument between Spain and the state of conviction that allows the transfer, proceedings that varies depending on whether the Spanish person is imprisoned in a country of the European Union or in a third country.
European Union
Following the approval of the Framework Decision 2008/909 / JAI, transposed in Spain through Law 23/2014 of November 20, on mutual recognition of criminal decisions in the European Union (EU), it was modified saying procedure between member countries, fundamentally turning it into a judicial procedure in application of the principle of mutual recognition. Thus, the Central Criminal Court of the Audiencia Nacional he is in charge of the execution of the sentencesias of EU countries in Spain.
Third Country
By contrast, If the Spanish person has been sentenced in a third country, the transfer request must be approved by el Ministry of Justice of the issuing country and by Spain as host country. The procedure is governed carefully by el Convention on the transfer of sentenced persons (No. 112), done in Strasbourg on March 21, 1983 o by agreements bilaterales de execution of criminal sentences that Spain has signed with each country on this subject.
- List de members of the Strasbourg Convention
- List de bilateral agreements signed by Spain
In 2019, 32 people serving sentences abroad were transferred to centros penitenciarios Spaniards in which to finish serving their sentences. During 2020, due to the Covid-19 pandemic, the transfers were interrupted in March, although they were resumed as circumstances permitted, amounting to a total of 18. During 2021 the figure has been increased again to 32, mainly thanks to a mass transfer made from Peru.
Spanish prisoners initially arrive at the Madrid V Penitentiary Centre (Soto del Real), while women arrive at the Madrid I Women's Penitentiary Centre (Alcalá Meco). Those who return as prisoners from Morocco are repatriated to the Botafuegos Penitentiary Centre (Cádiz). They then have the option of being transferred again to prisons closer to their places of residence.
When we have knowledge of the execution of a transfer, we contact the Subcommittee on Penitentiary Law of the Consejo General de la Abogacía Española to ensure that each of these people is visited and advised by a lawyer from the prison duty shift.
In particular, there are a number of countries in which the Abogacía Española Foundation has a greater presence and monitors missions and transfers: Peru, Morocco and France. Between 2014 and 2016, Ecuador was a priority country, given the very high number of men and women incarcerated there during that period. For the same reason, in September 2019, a mission to Portugal.
