CONSIDERATIONS CRITICISM ON THE CIRCULAR 2 / 2010 OF THE GENERAL DIRECTION OF THE POLICE AND THE POLICE. Immigration raids. 3.6.4. Critical considerations on the Circular 1 / 2010 of the Directorate General of Police and Civil Guard
Circular 1 / 2010 of January 25, the General Commissariat for Immigration and Border states, among other things: It is recalled that Article 11 of Organic Law 1 / 1992 on the protection of public safety, requiring foreigners who are in Spain obligations: one, to prove his identity, other, to prove that it lawfully. In this case, the same rule allows, to penalize an offense, the transfer to the police station for practice the measures of identification as long as required. The move to the police station may be driving the individual, either as a detainee, either for identification purposes. If you move as a detainee, it is the pre-trial detention, which, subsequently, when the officer initiates expulsion proceedings that detention have become protective of that deportation proceedings have already begun (the agreement because it allows Article 61.1.d) of the Aliens Act). "
view of this institution, melt together several concepts in a certain disorder, causing ambiguity and could encourage the practice of mass arrests. Indeed, Article 11 of Organic Law 1 / 1992, protection of citizen security forces abroad to have documents proving his identity and legality, and Article 20 of the Act allows the transfer to the station for "identification" ("retention for identification") in those cases where such identification is not possible. Therefore, the transfer to the station can only be caused by lack of documentation proving their identity and not of proving the legality of the residence. At this point, the wording of the circular is ambiguous, it could be interpreted to include the transfer to the station even if the city were identified, and it is not lawful.
that confuses even then, it was noted that the transfer to the station can occur as a detainee or identification purposes, being that one's quality of "preventive detention", ie the Criminal Procedure Act. It is clear that this transfer can only occur in cases of crime, but not explicitly said in the circular, could be interpreted as a clear path to preventive detention without foundation. And these arrests are in turn different from the "arrests administrative protective Aliens Act [Article 61.1.d)] practiced in the context of deportation proceedings already under way and, therefore, not possible before the start of the deportation proceedings.
It considers that the manner in which certain terms of Circular 1 / 2010 are drafted, raises serious questions of interpretation that could actually lead to an undue restriction of the rights of immigrants.
If not given the legal prerequisites for criminal arrest or detention for identification of the Citizen Security Law or, finally, the pre-trial detention to be referred to the Immigration Law (which is not a "preventive detention", but interim), it is not lawful driving to the station or any other restriction of freedom.
Regarding this issue, this institution received complaints from the Federation of Associations of Immigrants and Refugees in Spain, the Collective for Peace and Solidarity, and a large group of 140 associations, unions and other entities .
From what is stated in the report submitted by the Directorate General of Police and Civil Guard, during the processing of the above complaints, it follows that there is no prejudice to the interpretive problems highlighted by this institution, a commitment to respect for the law and made clear that measures of identification in public are encouraged, as was done until the publication of circular or, what is, in each case that arises to these agents act in accordance with applicable legal provisions (Law on Criminal Procedure, Law on protection of public safety and the Aliens Act).
Complaints received also showed that the establishment of controls routinely identify places public, with the sole purpose of searching for foreign nationals who are illegally in Spain, is a police action that lacks the necessary legal cover in the light of the provisions of Articles 19.2 and 20.1 of Organic Law 1 / 1992 of 21 February, protection of public safety, and appearing expressing concern about the possibility of identification requirements were being made simply on the basis of ethnic background or other outward signs distinctive nationality.
According to the Directorate General of Police and Civil Guard, the circular in no way implies, nor implies, that police activity is directed to the establishment of identification checks in a systematic or routine, or even less is directed towards a particular group, as it can be that of illegal aliens citizens, noting that the police preventive action is made , planned and executed by the Security Forces in terms of the needs that are arising and previous analysis of intelligence and information (10002358 and others).
however, have continued to receive numerous complaints from citizens who had witnessed the identification checks on the public highway, apparently to help identify foreign citizens who are irregular situation in Spain, and that is without other criteria that ethnic background or other distinctive external signs of nationality, which is why this institution is performing in this area and remain vigilant in assessing individual cases that would unreasonably restrict the rights of foreign nationals.
