ANNUAL REPORT 2019-OMBUDSMANNATIONAL PREVENTIVE MECHANISM
The team of the National Preventive Mechanism was informed by the shift manager
that the detainees in the Police Station are also informed about the right to call a defence
counsel, to inform a third party about their arrest, that is deprivation of liberty, and about
the right to seek medical help which is duly recorded in the required documentation.
The police station does not have a special budget for food for the detainees, but the
police officers pointed out that they buy food for the detained persons from their personal
funds.
2.4.3. Records and registers of detained persons
The general conclusion of the team of the National Preventive Mechanism is that the
registers are filled in neatly and legibly and that there is a logical flow and following of the
events in the books, without crossing out in any of the sections.
During the inspection of the Record for persons deprived of liberty and detained persons, the NPM team concluded that none of the detained persons was detained more than the legally prescribed deadline, and the very fact that the records neatly
noted whether the person requested and exercised the right to notify a third party, to call a
lawyer or to seek medical assistance, indicates that the detainees are instructed and have
the opportunity to exercise these rights.
During the inspection of this record, it was concluded that more than 10-15 people
were detained at the Police Station several times at the same time. In these cases, as the
officials mentioned, the detained persons are accommodated in the so-called divorce room
and meeting room, and the premises are constantly supervised by an official. The NPM
team, taking into account the conditions in these premises, in which there are no adequate
means of rest, nor are they conceived to be used as detention premises, believes that the
multiple-hour detention of persons in such premises may be a violation of Article 3 from
the European Convention on Human Rights, which provides for a ban on torture, inhuman
or degrading treatment or punishment.
From the performed inspection in the Record of used means for coercion, the
NPM team determined that the most commonly used means of coercion is physical force,
that is arm grip/lever. For all cases of use of means of coercion, an appropriate report was
drawn up, as well as an assessment of the justification of the means of coercion, from
which it is clear that in all cases the use of means of coercion is assessed as justified.
From the inspection of the individual cases for detained persons, the NPM team concluded that in general the records are kept properly, it contains the necessary documents
from which the entire chronology of the undertaken activities regarding the detention of
persons can be monitored. In cases when the persons have been provided with medical
assistance, a medical certificate with a signature and a facsimile of the doctor is contained
in the folder, appropriately
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