The prison supervision judge: the functions of the judge who watches over prisoners
When someone enters prison to serve a sentence, their relationship with the justice system does not end. The judgment marks the end of the criminal process, but it opens the enforcement phase of the sentence, in which there is a specific judicial body responsible for guaranteeing that the inmate's rights are respected and that the penitentiary administration does not act arbitrarily: the prison supervision judge. They do not investigate offences or hand down convictions; their function, more silent but equally fundamental, is to oversee that the sentence is served with humanity and respect for fundamental rights.
This figure was created by the General Penitentiary Organic Law of 1979 in response to a historical demand: that the enforcement of sentences should not be left entirely in the hands of the administration, without external judicial control. Before its creation, the prisoner's life depended almost exclusively on the judgment of the penitentiary administration itself. Its constitutional basis rests on Article 117, which assigns to the judiciary the enforcement of what has been adjudicated, and on Article 25.2.
Its competences are broad. The approval of penitentiary benefits and leaves: although the centre's Treatment Board proposes them, many, such as leaves of more than two days in the second grade or parole, require their approval. The resolution of inmates' appeals and complaints: any inmate who considers an administration decision unlawful may turn to them, for example against a severe classification, the unreasoned refusal of leaves, poor living conditions or transfers that hinder family ties. The control of disciplinary sanctions, which they can annul if the procedure was irregular or the sanction disproportionate. The supervision of classification and grade progression. The issuing of the definitive release licence. And the approval of special measures, such as psychiatric committal or the isolation regime.
Access to the prison supervision judge is a right of the inmate that requires no intermediaries: they can address them through written complaints or appeals via the penitentiary, without court fees and without compulsory legal representation, although the assistance of a lawyer is highly advisable. Their decisions may be appealed before the Provincial Court and, in the most relevant matters, in cassation before the Supreme Court.
The relationship between this judge and the penitentiary administration is complex: they are not its hierarchical superior, but they do have judicial authority over the lawfulness of its actions, which can generate friction. The judge may visit the centres in their district to verify living conditions and receive complaints directly.
The existence of this body is not a luxury, but a necessity of the rule of law: without judicial control of the enforcement of sentences, the deprivation of liberty could become a space exempt from legality. The prison supervision judge gives effect to the constitutional mandate of orientation towards reintegration and is the first link in a chain of appeals that can reach the Constitutional Court and the European Court of Human Rights.
Given the impact that their decisions have on the convicted person's daily life and on the effective duration of their deprivation of liberty, having a lawyer specialising in penitentiary law who acts before this judge can make a significant difference.
