Privación de libertad y derechos fundamentales: notas sobre la tortura

Abstract

From Article 55.2 of the Spanish Constitution and its development in the Code of Criminal Procedure, we set out the suppositions of long-term incommunicado detention, as well as incommunicado custody. From the restrictions to the rights of the detainee entailed in the incommunicado detention, we set out a legal construction of the non-right. In these cases, the right, even fundamental rights (Art. 17.2 EC), is denied by the right itself. The denial of this right is shown as a legal precaution that reaffirms the right from the legal non-right.