Every now and then the case of a Spaniard who is deprived of liberty in a foreign prison comes to light, occupying current minutes in which the harshness of the conditions of his confinement and the possible violation of human rights are pointed out, both in the investigation of crimes and the execution of the sentences finally imposed.
During the last few months, the arrest of Daniel Sancho, his admission to a Thai prison and his trial have been in the news in this regard. However, there are more than 900 Spaniards who are currently deprived of liberty outside Spanish territory. The majority of them are men (88.5%) and the majority (around 57%) are for crimes related to small-scale drug trafficking. However, a considerable percentage are also accused of robbery, homicide or murder (12%).
The number of inmates in foreign prisons has followed a downward trend since 2018, especially accentuated during the pandemic; However, at the end of the mobility restriction there has been a logical rebound. Even so, a clear difference remains with previous years when, a decade ago, the figure of 2,500 Spaniards imprisoned outside Spanish territory was exceeded.
Since both the profile of those imprisoned (normally primary criminals with economic needs) and the offending behaviors committed (the introduction of drugs as a “mule” into a country) are very similar, the experiences of those detained and the sanctions imposed are significantly different in each case. depending on the territory where the crime is investigated and the sentence is served, since many of the decisions adopted in this area will depend on the economic situation of the country and the greater or lesser commitment to respect for human rights.
Serving sentences in 70 countries
There are nearly 70 States where, currently, there are Spaniards serving custodial sentences. This must be respectful of international treaties such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention against torture and other cruel, inhuman or degrading treatment or punishment, and fundamental rights such as respect for life and physical integrity, the right to a fair trial and consular assistance, to health and to adequate detention conditions.
The majority of Spaniards imprisoned abroad are held in European prisons (especially in Germany and France), where the same treaties and conventions ratified by Spain have been signed, so the sanctions imposed or the conditions of their compliance are similar to those experienced by prisoners in Spain.
However, in addition to the fact that other states provide for life imprisonment and the death penalty among their sanctions (which do not exist in Spain), the conditions for serving prison sentences in other countries are far from those we know here: many cases, especially In Latin America and some countries in Africa and Asia, they stand out for their dangerousness (due to violence among prisoners and riots), overcrowding, unsanitary conditions (given the lack of separation of prisoners with contagious diseases and the lack of hygiene), lack of access to defense, torture or secret detentions.
Among the most dangerous prisons in the world are Gitarama (Rwanda), characterized by overcrowding, unsanitary conditions and danger, with one in every 8 inmates dying within its walls due to disease or violence; Camp 22 (in North Korea), with high overcrowding and a high death rate; the Mendoza prison (Argentina); the Carandiru penitentiary (Brazil), known for its human rights violations, causing riots among inmates; the Model (Colombia); the National Prison of Maracaibo (Venezuela), distinguished, in addition to overcrowding, by the long confinements before the prisoners were tried; the prison in Ciudad Barrios (El Salvador), made up of the Salvatrucha gang; that of Guantanamo Bay (Cuba), criticized for inflicting torture and for its high suicide rates; Rikers (New York), with a high rate of violence between inmates; the IK-6 Penitentiary Colony (Russia), where the inmates' ability to move is extraordinarily limited, and the Bang Kwang Central Prison (Thailand), where inmates considered especially dangerous or sentenced to death are forced to wear heavy shackles.
Request for transfer to Spain
People with Spanish residence or nationality who have been sentenced abroad can request transfer to prisons in our country and adaptation to our legislation (and may obtain a reduction of the sentence), once the sentence is final, in accordance with Law 23/2014 on mutual recognition of criminal resolutions in the EU and with the Strasbourg Convention on the transfer of convicted persons and the bilateral agreements signed by Spain.
Different non-governmental organizations help Spanish prisoners imprisoned outside our borders, denouncing the existing fundamental problems and requesting more structural changes (such as Amnesty International) or providing direct help to inmates or their families (such as the +34 Foundation).
This reality highlights aspects of the international prison system that need attention and reform, and these challenges must be addressed in the interest of a system that is more respectful of human rights.
This article has been published in «The Conversation«.
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