Traslados, desplazamientos y conducciones de presos

Abstract

Transfers, displacements and conductions of prisoners are, and have historically been, an essential instrument, although of secondary relevance, in prison execution. Organic Law 1/1979, of 26 September, General Penitentiary, has meant an important modernisation and dignification of the conditions in which they were carried out prior to its promulgation. However, its forty years of validity require a review of 92 Esteban Mestre Delgado ADPCP, VOL. LXXII, 2019 whether it is necessary to modify, in this area, any of its provisions or developments, essentially thinking of the rights of inmates. To this end, this paper examines the causes that may justify them (including their use as a covert sanction), the power to agree on them, the technical means available to make them possible, the measures aimed at preventing prisoners from escaping; and the protection of the rights (life, integrity, health, privacy, self-image, and avoidance of unnecessary harm) of those transferred, displaced and conducted.