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The Use of Incommunicado Detention International Law and Standards The most significant, and most criticized, feature of Spainâs antiterrorism provisions is the use of incommunicado detention. Incommunicado detention is generally understood as a situation of detention in which an individual is denied access to family members, an attorney, or an independent physician. In some cases, as in Spain, incommunicado detainees do not even have the right to notify anyone about their arrest.
Despite these general affirmations, many countries continue to practice incommunicado detention, both pursuant to national legal provisions as well as illegally. Its use is usually justified as a necessary measure in the fight against terrorism.