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, Carlos García Valdés (secret.) , José Luis del Hierro Aguazas (voc.) , Rafael F. de Asís Roig (voc.) , Jesús Lima Torrado (voc.) La investigación centra su atención en el papel de los derechos fundamentales de los presos. Tomamos como base las Reglas Mínimas para el Tratamiento de reclusos y las Reglas Penitenciarias Europeas de 1973, con la finalidad de respetar los derechos de los reclusos y reforzar el cumplimiento del principio de legalidad en la ejecución penitenciaria. Es decir, considerando al preso como sujeto perteneciente de la sociedad y no como sujeto excluido, titular de derechos reconocidos constitucionalmente y de derechos que nacen de la relación penitenciaria, como es el caso del tratamiento penitenciario. Los derechos de los presos vienen reconocidos en las principales Declaraciones de derechos humanos mediante el reconocimiento implícito de una serie de derechos, los cuales son también aplicables a las personas que están en situación de prisión. En este sentido, antes de analizar la concepción de los derechos de los presos se estudia la prisión hasta nuestros días, existiendo un considerable avance. A continuación, se prosigue con el análisis de los derechos fundamentales de nuestra Constitución que son más representativos en cuanto a su vulneración en los Centros Penitenciarios. Asimismo se estudian aquellos derechos que pueden suponer la consecución del fin primordial de las prisiones, reconocido constitucionalmente, que no es otro que la reeducación y reinserción social de los presos. Es decir, se trata de analizar la relación entre los derechos fundamentales tanto del ciudadano como del recluso, englobando derechos individuales y libertades públicas, derechos que pertenecen al individuo de una forma natural e innata, reconocidos y protegidos por el Estado a través de la Constitución.
The research that we propose focus its attention on the fundamental role of prisoners'human rights in terms of the following: detainments, charges, prosecutions and imprisonment. The goal is to understand a situation that occurs daily between citizens. This proposed research begins with the accusation, that is, with someone accused of a crime becoming a remand prisoner or prisoner who undergoes a change in social status and results in the accused becoming a second-class citizen. Based on its last fundaments, the concept and themi of the problems surrounding the prisons and jails has come to be understood as a center for the care of those who have been punished by the law, to an institution of punishment in which the value of freedom itself is if not reduced, yet limited. The current importance of rehabilitation and reeducation in prisons in order to return offenders to society and live in full freedom, necessarily involves the fundamental principle of respect for the person of the detained. Criminology has been debating this issue with great intensity in recent years, however, there Is a lack of parallel, studies from the perspective of philosophy of law; there are only references to philosophical questions related to Criminology. Philosophical-critical analysis can clarify elements that criminology does not address. It's clear that the field of penal science, especially in the last ten years, has demonstrated a growing interest in what has come to be known as victimology in deterioration of a more watchful eye on the offender. The empirical-sociological perspective may also contribute, as a useful need for philosophical reflection in an attempt to bring the government and especially to the society, to the world of prisons and prisoners. We take as a starting point the Minimum Rules for the Treatment of Prisoners and the European Prison Rules 1973, both of which have a goal of protecting the human rights of prisoners and reinforce compliance with the principle of legality in penal execution, that is, consider the prisoner as a person belonging to society rather than excluded from society, holder of constitutionally recognized rights and duties arising from the prison relationship, as in the treatment of prisoners. Prisoners' rights are recognized in major international declarations of human rights through an implicit recognition of certain rights, which are also applicable to people who are in pretrial, of which we have been analyzing, the explicit recognition of prisoners rights being different from the fundamental rights, all under the recognition of the general right to equality. In the course of our study is in our specific interests that the fundamental rights and specially the right of freedom seems a contradiction with the inmates, not being so, as it has been deprived of liberty as established by the Article 17 of the Spanish Constitution and in the cases and the way prescribed by law. Thus, the doctrine states that we have a constitutional right but not legal. All these issues will be analyzed. Consequently, before analyzing the conception of prisoners' rights one must examine what was seen in the history of prison leading up to today, there is considerable progress and worthy of remembering, as a basis for understanding the same, and the foundation of human rights to its positivization as fundamental rights. Note the need for protection of fundamental rights of all human beings, including, therefore, those of prisoners. It is for this reason, since the basis and root of all rights and values of the person and in particular, the inmate, as is the dignity of the human person, showed a series of rights, based on the application in prisons that can be violated as a result, in most cases, in the embodiment of order, discipline and prison security, which may take precedence over the rights. Is analyzed, in short, the fundamental rights of our Constitution more representative in terms of their violation in prisons also those who are likely to achieve the primary goal of prisons, constitutional recognition, which is none other than the rehabilitation and reintegration of social prisoners. That is, we try to analyze the relationship between the fundamental rights of both the citizen as well as the prisoner, encompassing individual rights and freedom of the public, rights which belong to the individual in a natural and innate way, recognized and protected by the State through the Constitution. To get a detailed analysis of the fundamental rights of prisoners, we take as reference the consideration of the prison population as a distinct group. After analyzing the most important rights, and under differen doctrinal thesis about the penalty, the sanction and punishment, analyzes the recognition of the right to social reintegration, clarifying whether there is a fundamental right or a purpose to achieve; and at the same time, to know if prison is the ideal place to reinsert the prison treatment programs. Work items will be needed for this study, we can obtain from the Prison Service, in particular the reports issued annually by the Prisons General Directorate. On the other hand, as a starting point the Spanish Constitution the prison rules, that is, the General Penitentiary Law and the regulations that develop it, and the Minimum Standard Rules for the Treatment of Prisoners and the European Prison Rules. Not forgetting the international texts of particular relevance to the topics. However, the difficulties we face when collecting and obtaining such data will prevent and will decide the fate and the content of the present work, as well as books of well known philosophers and criminologists. The working method, therefore, is deductive of few general terms to get to the point ie one of the general human rights to become a specific right for the inmate. On the other hand the method is analytical, and is followed by systematic study of the particularity of the concept of the fundamental right to the position to make comparisons that lead to a conclusion by similarity, ie from the configuration of fundamental rights such as life, physical integrity and privacy to get to rights claimed by the society due to its development. Therefore, we must not confuse the purpose of the sentences with the rights for a prisoner as a human being.
