Prisons

Assaulting a prison officer will be considered as serious as assaulting a police officer.

Prison directors, psychologists, educators, lawyers, and social workers will also be considered agents of authority.

BarcelonaThe Catalan Parliament has approved a long-standing demand of prison officers: to be recognized as law enforcement agents. The demand, which gained momentum after the murder of Núria, a cook at Mas de Enric prison in March 2024, by an inmate, was a proposal from the Catalan Socialist Party (PSC) that passed with votes from the People's Party (PP), Vox, Catalan Alliance, and Together for Catalonia (Junts). In addition to prison officers, the status of law enforcement agent—already held by police officers, doctors, and teachers, among others—will also be extended to prison directors and rehabilitation staff: psychologists, educators, lawyers, and social workers. With Thursday's decision, Catalan prison officers become the first in Spain to achieve this status. Until a few months ago, the Catalan government had justified the measure by saying that only the Spanish government could approve it, but on the first anniversary of the crime in Mas de Enric, the Minister of Justice, Ramon Espadaler, He pledged to grant this prerogative using the powers that Catalonia has been delegated in matters of prisons.The proposal presented by the PSC, which was processed through the single reading procedure, initially limited itself to granting the status of law enforcement officers to prison guards. However, following an amendment by Junts, this status was extended to treatment officers as well. This occurred despite opposition from the Comuns, ERC, and CUP parties, who unsuccessfully attempted to block the proposal. Attempts by Vox and the PP to extend this status to other prison staff were also unsuccessful. Thus, the law approved this Thursday applies only to officers, both security and treatment, who work inside the prison, as confirmed by sources within the Department of Justice. However, prison sources criticize the law for not including among the new law enforcement officers those who work in the prison, such as cooks, sports instructors, or art workshop leaders, nor those employed by the Center for Initiatives for Reintegration (CIRE) who teach various trades to inmates.

Presumption of veracity

In practical terms, the fact that prison workers acquire the status of law enforcement officers means that the information they provide in reports will be considered true unless proven otherwise. This presumption of truthfulness in administrative proceedings may particularly influence the sanctions and disciplinary procedures drafted by officials. Prison workers will now also be more legally protected against assault than other citizens. Their status as law enforcement officers also implies that, if someone assaults them, the action will also constitute the crime of assaulting a public official, a criminal offense that also protects, among others, officers of the Mossos d'Esquadra (Catalan police) and is common in trials for public disturbances. For example, until now, if a prisoner assaulted a prison worker, they could end up being charged with assault. Now, if they do so, they will also face charges of assaulting a public official. The change makes the consequences of the assault more serious, since the penalty for assaulting an authority figure can reach four years in prison.

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They will not be identified by name

Another change this new status will bring is that, from now on, prison officers involved in legal proceedings will no longer be identified by their first and last names, but by their Professional Identification Number (PIN), which they wear on their chests in uniform. For example, when they are called to testify in a trial against an inmate, their name will not be heard, only their number, and their personal information will not appear in the judgments. "Our personal data should be considered highly sensitive," says Montse Balaguer, spokesperson for the UGT Prisons union. Following the vote on this new law, human rights organizations belonging to the Law and Prison Network have expressed their "outright rejection" of prison staff being considered law enforcement officers. They consider it a "clearly regressive" measure that "definitively sets the Catalan prison model on the path to policing," as they say has happened in Italy. They consider it a "serious regression in rights."

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In contrast, unions and prison officers' platforms have celebrated the approval, which they had been demanding for some time. The union with the largest representation in the sector, UGT Presons, has stated that it will continue "seeking a solution" so that this recognition also extends to the non-civil service staff working in prisons and does not only protect officers. In statements to ARA, the secretary of the UGT union section at CIRE, Cristian D., regrets that they were not included and hopes that this can be reversed. Aside from this, prison unions have unanimously applauded the "historic" decision of the Catalan Parliament.

Together, PP, Vox and Aliança Catalana vote with the PSC

The PSC, which brought the proposal to the plenary session, defended the measure, considering it "necessary, responsible, and in accordance with the law to strengthen the prison system." "This law isn't about punishment, but about legal certainty for prison staff," added Socialist MP Judit Alcalá. Francesc Dalmases, of Junts, pointed out that "prisons must be safe spaces," and added that granting authority to prison staff "is not a gift," but rather makes them "guarantors of rights" to improve the prison system. "We want better schools and hospitals, but also better prisons and better working conditions for prison staff," he concluded.

Sergio Macián, from Vox, denounced the left's desire to "turn prisons into youth centers" and countered the CUP's claim that human rights should apply to prison officers who were assaulted by inmates while defending the measure. Alberto Villagrasa, from the People's Party, defended the measure so that "officers can work in a safer environment," despite advocating, like Vox, that it should apply to all staff, a position rejected by the Catalan Socialist Party (PSC).

Aliança Catalana has also supported the proposal. Deputy Sílvia Orriols stated that "the aim is not to provide more benefits to thieves and rapists, but rather to improve the working conditions of those who guard these criminals." "They only want to give privileges to inmates while assaults on officers continue to rise," she criticized, referring to the opposition from left-wing parties.

The left-wing parties, which had presented a comprehensive amendment that was rejected, were highly critical of the PSC's alignment with right-wing forces. ERC reiterated its support for voting against the measure, arguing that turning prison officers into law enforcement agents is not the solution. "This will create more problems than it solves," said Anna Balsera. Andrés García, from Comuns, stated that it is "a reform against the prison staff" and that "it could have negative consequences in prisons because there are far more risks than benefits." Xavi Pellicer, from the CUP, made it clear that the measure will generate "more impunity, something that only responds to corporate pressures."

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