Supervision of requests and complaints procedures: are penitentiary judges an effective remedy?

• In Event: Prison Working Group: Understanding prison officers: Roles, composition, and attitudes toward detained persons

Abstract

The purpose of this research is to find out how prisoners’ right of access to requests and complaints procedures is implemented in Spain. Although one can find many systems throughout Europe to guarantee the proper functioning of these procedures (van Zyl Smit-Snacken, 2009), several countries (such as Spain and Romania, for example) have developed a specific penitentiary judge as a supervisory mechanism. In our research, we assess how penitentiary judges develop these supervisory functions through visits, recommendations, and responding to individual requests and complaints. By examining official records, we aim to provide information on what aspects of daily life are brought to the attention of the penitentiary judge and what decisions they make. In addition, through interviews with these judges, we will examine the obstacles they face in responding to these requests and complaints. Finally, through this analysis we aim to contribute to the discussion of what constitutes an effective remedy (Article 13 ECHR) for the rights and legitimate interests of prisoners.

Authors

• Cristina Güerri, Universitat Pompeu Fabra

• Elena Larrauri, Universitat Pompeu Fabra