The Organic Law 1/1979, of 26 September, General Penitentiary, establishes, in its article 54, that the Administration will guarantee the religious freedom of the inmates and facilitate the means so that this freedom can exercise.

On the other hand, the Organic Law 7/1980 of 5 July of Religious Freedom establishes, in article 2.3, that the public authorities will take the necessary measures to facilitate religious assistance, among other centers, in the public penitentiary establishments under their dependency.

By laws 24, 25 and 26/1992, all of them on November 10, the State Cooperation Agreements were approved, respectively, with the Federation of Evangelical Religious Entities of Spain, with the Federation of Israeli Communities (currently, Judias) and with the Islamic Commission of Spain. Article 9 of these Agreements guarantees the exercise of the right to religious assistance of the faithful of those confessions interned in penitentiary establishments provided by the ministers of worship appointed by the churches or respective communities, duly authorised by the relevant administrative bodies.

Subsequently, the Royal Decree 190/1996 of 9 February, for which the Prison Regulation is approved, dedicates Chapter III of Title IX to Religious Assistance, establishing the submission of assistance religious, of the inmates belonging to confessions that have a Cooperation Agreement with the State, to the provisions of the latter.

This royal decree intends to develop the provisions of the respective cooperation agreements, so that the procedure for accreditation and authorization of the ministers of worship that dispense religious assistance offers the maximum guarantees of legal certainty and a better guarantee of the full exercise of the religious freedom of the evangelical faithful, Jews or Muslims interned in prisons.

Taking into account that Royal Decree 3482/1983, of December 28, transferred to the Generality of Catalonia certain functions and services in the field of penitentiary administration, this royal decree has been informed by the The Ministry of Justice of the Generality of Catalonia.

It has also been reported by the Religious Freedom Advisory Commission and has been consulted by the Federation of Evangelical Religious Entities of Spain, the Federation of Jewish Communities and the Islamic Commission of Spain.

In its virtue, on the proposal of the Ministers of Justice, of Defense and of the Interior, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on June 9, 2006,

D I S P O N G O:

Article 1. Purpose and determination of the competent authority.

1. This royal decree aims to develop Article 9 of the respective Cooperation Agreements signed by the State with the Federation of Evangelical Religious Entities of Spain, the Federation of Jewish Communities and the Islamic Commission of Spain.

2. For the purposes of this royal decree, the Directorate-General of Penitentiary Institutions or the corresponding organ in those autonomous communities exercising the powers of enforcement of the law is understood by competent penitentiary administration. penitentiary legislation.

Article 2. Content of religious assistance.

It will be considered functions of religious assistance that are directed to the exercise of the cult, the provision of ritual services, the instruction and the moral and religious advice, as well as, if necessary, the funeral services in the corresponding rite.

Article 3. Proposal and authorization of religious assistants.

1. The religious assistance in the penitentiary centers will be provided by the ministers of worship designated by the respective confessions, and authorized by the competent prison administration.

2. Natural persons may be designated who, belonging to churches or communities integrated in the Federation of Evangelical Religious Entities of Spain, in the Federation of Jewish Communities of Spain, or in the Islamic Commission of Spain, are dedicated to the religious ministry and thus certify the respective church or community, with the conformity of the federation or commission.

Article 4. Requirements for authorization.

1. Religious entities interested in having authorized ministers of worship of their confession in penitentiary centers, will request it to the competent prison administration, presenting the following documentation to the effect:

a) Certificate of the church or community to which the minister of worship depends, with the conformity of their respective federation, which accredits that the person proposed meets the requirements set out in the previous article

b) Negative certificate of criminal history in Spain.

(c) In the case of foreign ministers of worship, they must prove the absence of a criminal record in the country of origin.

Non-national foreign ministers of a Member State of the European Union, a State party to the Agreement on the European Economic Area or the Swiss Confederation shall not need to obtain work authorization. for the exercise of this activity as long as it is limited to strictly religious functions and provided that its church, confession, religious community or its respective Federation is duly registered in the Registry of Religious Entities. Irrespective of this derogation, they shall be fully subject to the general provisions of the legislation in force in the field of immigration and immigration, including the need to obtain, where appropriate, the corresponding authorisation of residence through the procedures and with the requirements laid down in that legislation.

d) Indication of the center or centers to which the minister of worship is requested to accredit.

2. The competent penitentiary administration may organise courses or training sessions in prison matters which affect the exercise of its tasks of being followed up by the proposed ministers of worship.

Article 5. Granting of the authorization.

1. The authorisation shall be granted provided that the extremes detailed in the previous Article are sufficiently documented and the proposed person offers the security guarantees required, in accordance with the provisions of Article 41.2 of the Regulation. Penitentiary, approved by Royal Decree 190/1996 of 9 February, and other prison rules.

2. Without prejudice to the foregoing, no authorisations shall be granted in the event that a number of authorised worship ministers of the same confessional federation already existed at the centre and are deemed to be sufficient in accordance with religious assistance. requested.

3. The decision granting or refusing the authorisation shall be issued and notified within four months of the entry of the application into the register of the competent body to be resolved. The lack of notification of the express resolution within this time limit shall determine the estimate of the request for administrative silence.

4. The authorized ministers of worship must be duly affiliated to the Social Security, when this is the result of the regulations applicable to the respective Confession, without, in any case, corresponding their affiliation and the payment of the respective quotas to the public administration. However, religious assistance may be provided free of charge by volunteers who will have to comply with the authorization requirements of this royal decree.

Article 6. Duration of the authorization.

The authorization will have an annual validity, being successively renewed for a period of one year, provided that a reasoned resolution does not occur.

Article 7. Cessation, revocation and suspension of authorisation.

1. Accredited ministers of worship shall cease their activities on their own initiative or on the religious authority of which they are dependent, and such decision shall be communicated to the competent prison administration.

2. The authorization may be revoked by the prison administration which granted it when the minister of worship carries out activities not provided for in the system of religious assistance, which are contrary to the regime of the centre or the rules penitentiary, after hearing the person concerned and by means of a reasoned decision.

3. The revocation shall also proceed when a breach of the requirements that justified its granting occurs.

4. If the activity of the Minister of Worship seriously undermines the regime and security of the centre, or the legal order is to be established, the Director of the Centre may suspend the authorization, by means of a reasoned decision, without delay. the competent authority on the revocation is given.

Article 8. Regime of religious assistance.

1. The access of the authorized ministers of worship to the penitentiary centers will be carried out in the form determined in the Agreements of cooperation with the State, without more limitations than those deriving from the necessary observance of the norms established in the Spanish penitentiary system as regards the time and discipline of the center, as well as the principles of religious freedom established in the Organic Law 7/1980 of 5 July.

2. In any case, the authorised ministers of worship must assume the control and security rules provided by the prison administration, which may, by reason of these rules, limit their access to the centres.

Article 9. Request for religious assistance.

1. Persons of evangelical, Jewish or Islamic confession who are admitted to prisons who wish to receive religious assistance, and for the sole purpose of facilitating the organisation of such assistance, may, by means of a request addressed to the direction of the center, its desire to receive it.

2. When the request for religious assistance is submitted, the address of the establishment shall be brought to the attention of the minister of worship accredited to the center.

Article 10. Local.

1. For the provision of the religious assistance provided for in this royal decree, it may be possible to enable premises in the penitentiary centres where the worship can be celebrated or to provide religious assistance, depending on the existing requests, may be destined for these purposes multiple uses.

2. It is understood that the celebration of worship will take place in the days considered as public holidays in the respective Cooperation Agreements, without prejudice to the rules of internal regime and the functioning of the prison. Notwithstanding the foregoing, the worship may also be held on a justified basis on days other than those indicated.

Article 11. Economic regime.

The financing of material and personnel expenses occasioning religious assistance shall be made in accordance with the provisions of the Cooperation Agreements with the State and applicable legislation in each case.

Single additional disposition. Military prison facilities.

For the purposes of applying the provisions of this royal decree to military prison establishments, the General Directorate of Personnel of the Ministry of Defense shall be understood as a Penitentiary Administration.

Final disposition first. Competence title.

This royal decree is issued under the provisions of Article 149.1.1. and 6. of the Constitution and will be directly applicable throughout the territory of the State.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will make the necessary budgetary modifications for the fulfillment of the provisions of this royal decree.

Final disposition third. Regulatory enablement.

The Ministers of Justice, Defense and the Interior are authorized to dictate the rules necessary for the implementation of this royal decree in the field of their competences.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on June 9, 2006.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ