A) The Supreme Court decision of July 19, 2010, confirms the decision of the Minister of Interior, in rejecting the claim for damages as a result of liability Administration upon death in a prison.
The Board maintains the value of the test on the body, which concluded that there existed by the prison administration, lack of supervision, neglect, misunderstanding or disregard for the consumer to prevent or trafficking of drugs in prison, much less, with respect to the deceased, as the Administration made available to services to combat drug abuse, however, internal, use of full freedom, which can not be supplemented by any other, refused to follow drug treatment programs tendered to him, being fully aware of the fatal consequences of drug use he could bring.
B) The record that were carried out daily searches and searches of cells and common unit and the inmates themselves. During the quarter, the first and second in 2004, with a prison population in the middle of 1644 inmates, as documented with weekly parts from January 5 until 28 June of that year, proceeded to requisition and searches for a total of 40,089 performances, obtaining drug seizures 36 times (folio 127 to 170).
The Supreme Court has shown in repeated case (for all, the STS of November 5, 1997), the inescapable duty to keep prisoners in dignity and safety required by the English Constitution in Articles 10.1 and 15, by the Universal Declaration of Human Rights 10 December 1948, article third, and by the provisions contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and ratified by Spain on September 26, 1979. Also apply at this point, the statements contained in the International Covenant on Civil and Political Rights of 19 December 1966, ratified by Spain on 13 April 1977.
In such declarations, treaties and agreements referred to by Articles 10.2 and 96.1 of the Constitution, which guarantee the fundamental right to life and physical and moral integrity, are essential elements for application in the matter under discussion, being taken into account , furthermore, that the Organic Law 1 / 1979 of 26 September, General Penitentiary, under Articles 1, 3, 4 and 8.1 and directly applicable regulation (Royal Decree 1.201/81, of 8 May , amended by Royal Decree 783/84 of 28 March), containing the basic guidelines on this matter, giving the prison authorities surveillance measures and security, designed to protect inmates who are not strangers to the operation of the Prison, but embedded in its organization and discipline, as it has had occasion to observe the High Court consistently held (role models, among others, the STS of 4 January 1991 and June 13, 1995).
B) The record that were carried out daily searches and searches of cells and common unit and the inmates themselves. During the quarter, the first and second in 2004, with a prison population in the middle of 1644 inmates, as documented with weekly parts from January 5 until 28 June of that year, proceeded to requisition and searches for a total of 40,089 performances, obtaining drug seizures 36 times (folio 127 to 170).
The Supreme Court has shown in repeated case (for all, the STS of November 5, 1997), the inescapable duty to keep prisoners in dignity and safety required by the English Constitution in Articles 10.1 and 15, by the Universal Declaration of Human Rights 10 December 1948, article third, and by the provisions contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and ratified by Spain on September 26, 1979. Also apply at this point, the statements contained in the International Covenant on Civil and Political Rights of 19 December 1966, ratified by Spain on 13 April 1977.
In such declarations, treaties and agreements referred to by Articles 10.2 and 96.1 of the Constitution, which guarantee the fundamental right to life and physical and moral integrity, are essential elements for application in the matter under discussion, being taken into account , furthermore, that the Organic Law 1 / 1979 of 26 September, General Penitentiary, under Articles 1, 3, 4 and 8.1 and directly applicable regulation (Royal Decree 1.201/81, of 8 May , amended by Royal Decree 783/84 of 28 March), containing the basic guidelines on this matter, giving the prison authorities surveillance measures and security, designed to protect inmates who are not strangers to the operation of the Prison, but embedded in its organization and discipline, as it has had occasion to observe the High Court consistently held (role models, among others, the STS of 4 January 1991 and June 13, 1995).
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C) also constant jurisprudence in cases of deaths of inmates in prisons, and require the presence of some element of abnormality in the service enough to establish a causal link between the administrative omission and death, and thereby determine the unlawful nature of the damage (Case June 13, 1995, January 25, 1997, November 18, 1996, January 4, 1991, November 5, 1997, April 26, 1997, 13 March 1989, July 22, 1988, and July 15, 1988, among others).
Therefore, for the existence of liability of the administration of the death of an inmate in a correctional facility, the jurisprudence of TS has been demanding that the causal link is chaired by a direct, immediate and exclusive between the administrative and damage or injury, then, as stated in the STS of January 25, 1997, inter alia, the necessary causal link between the conduct of the Administration and the resulting damage can appear mediate forms, hints and concurrent (while admitting the possibility of a moderation of the responsibility for involving other causes, which must be taken into account when fixed compensation). "
And in this case," did not exist, or at least has not sufficiently demonstrated, the presence of an element of abnormality in the public service rendered, because the prison authorities observed strict compliance with the duties imposed to adopt surveillance measures and security, designed to protect prisoners, and in particular to avoid consumption and trafficking of drugs in prison, in particular as relevant here, during the quarter, the first and second of 2004, as noted in the weekly parties Penitentiary from January 5 to 28 June of that year, we carried out searches and searches for a total of 40,089 performances, obtaining drug seizures in 36 cases.
They must also outline the other steps to prevent the entry of drugs into the prison, as the radiologic corresponding control input by scanning, searching packet of visitor control to communications, control of foreign staff center and vehicles, etc.
not forget that the public duty that the law requires the Administration to ensure the health and physical integrity of persons detained in prisons, is an obligation of activity does not result, ie not effectively imposing a one hundred percent, because it is contrary to the very reason of things, but it has to be in connection with the alleged breach of the duties of the Department of Corrections, to be a "non-functioning" or adopting a passive attitude Administration inactive.
Well, in this case, the TS considered not to speak of a lack of supervision, neglect, prevent misunderstanding or disregard for consumption or trafficking of drugs in prison, much less, with respect to the deceased, since the prison administration provided them with services to combat drug abuse, however, internal, use of full freedom, which can not be substituted by any other, refused to follow drug treatment programs to be offered, being fully aware of the fatal consequences of drug use he could bring.
Thus, he resigned in 1997 Methadone Program. He was re-bid in 1998, and rejected it (page 20), shortly before he returned to first grade (page 320), after committing numerous breaches of discipline. In 2000 he again offer Methadone Maintenance Program, accepting no (page 20). This year progresses through second grade (page 330), after canceling the faults, but is back again after assaulting another inmate in 2001 (folio 338). Continued to commit offenses until after cancel again progressed to the second degree in 2004 and was taken to Prison Zuera (Zaragoza) (pages 381 and 382), where he was offered a program Antagonists and rejected it (page 20) .
The supply of methadone programs and antagonists, according to the state of science, was due to the internal profile, highly criminalized, at that time serving sentences for fourteen criminal liability, (page 176), having appreciated the fact of drug abuse in some of them (pages 205, 211 and 237) and with a history of polydrug abuse from an early age, (pp. 235 and 49) , extended in time and no motivation to overcome it and poor record prison (without the enjoyment of furloughs, no target performance, with repeated failures and setbacks in the first degree), (pp. 462 and 463).
is why we can not establish a causal link between fault and performance made the prison administration, or what is different between passivity and injury " (Case room 3rd, Administrative Litigation, Supreme Court of 15 July 1991).
He added the TS to close the question that "there was no abnormality by the Administration under an obligation to ensure life and physical integrity of internal obligation as stated above is not a performance activity and, hence should not be attributed to the operation of the prison service's death the son of the appellants, but the own free decision internal use drugs, which produced organic decompensation sudden death. "
Therefore, for the existence of liability of the administration of the death of an inmate in a correctional facility, the jurisprudence of TS has been demanding that the causal link is chaired by a direct, immediate and exclusive between the administrative and damage or injury, then, as stated in the STS of January 25, 1997, inter alia, the necessary causal link between the conduct of the Administration and the resulting damage can appear mediate forms, hints and concurrent (while admitting the possibility of a moderation of the responsibility for involving other causes, which must be taken into account when fixed compensation). "
And in this case," did not exist, or at least has not sufficiently demonstrated, the presence of an element of abnormality in the public service rendered, because the prison authorities observed strict compliance with the duties imposed to adopt surveillance measures and security, designed to protect prisoners, and in particular to avoid consumption and trafficking of drugs in prison, in particular as relevant here, during the quarter, the first and second of 2004, as noted in the weekly parties Penitentiary from January 5 to 28 June of that year, we carried out searches and searches for a total of 40,089 performances, obtaining drug seizures in 36 cases.
They must also outline the other steps to prevent the entry of drugs into the prison, as the radiologic corresponding control input by scanning, searching packet of visitor control to communications, control of foreign staff center and vehicles, etc.
not forget that the public duty that the law requires the Administration to ensure the health and physical integrity of persons detained in prisons, is an obligation of activity does not result, ie not effectively imposing a one hundred percent, because it is contrary to the very reason of things, but it has to be in connection with the alleged breach of the duties of the Department of Corrections, to be a "non-functioning" or adopting a passive attitude Administration inactive.
Well, in this case, the TS considered not to speak of a lack of supervision, neglect, prevent misunderstanding or disregard for consumption or trafficking of drugs in prison, much less, with respect to the deceased, since the prison administration provided them with services to combat drug abuse, however, internal, use of full freedom, which can not be substituted by any other, refused to follow drug treatment programs to be offered, being fully aware of the fatal consequences of drug use he could bring.
Thus, he resigned in 1997 Methadone Program. He was re-bid in 1998, and rejected it (page 20), shortly before he returned to first grade (page 320), after committing numerous breaches of discipline. In 2000 he again offer Methadone Maintenance Program, accepting no (page 20). This year progresses through second grade (page 330), after canceling the faults, but is back again after assaulting another inmate in 2001 (folio 338). Continued to commit offenses until after cancel again progressed to the second degree in 2004 and was taken to Prison Zuera (Zaragoza) (pages 381 and 382), where he was offered a program Antagonists and rejected it (page 20) .
The supply of methadone programs and antagonists, according to the state of science, was due to the internal profile, highly criminalized, at that time serving sentences for fourteen criminal liability, (page 176), having appreciated the fact of drug abuse in some of them (pages 205, 211 and 237) and with a history of polydrug abuse from an early age, (pp. 235 and 49) , extended in time and no motivation to overcome it and poor record prison (without the enjoyment of furloughs, no target performance, with repeated failures and setbacks in the first degree), (pp. 462 and 463).
is why we can not establish a causal link between fault and performance made the prison administration, or what is different between passivity and injury " (Case room 3rd, Administrative Litigation, Supreme Court of 15 July 1991).
He added the TS to close the question that "there was no abnormality by the Administration under an obligation to ensure life and physical integrity of internal obligation as stated above is not a performance activity and, hence should not be attributed to the operation of the prison service's death the son of the appellants, but the own free decision internal use drugs, which produced organic decompensation sudden death. "
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