ANNUAL REPORT 2019-OMBUDSMANNATIONAL PREVENTIVE MECHANISM
2.10.3. Records and registers of detained persons
The general conclusion of the team of the National Preventive Mechanism is that the
records are kept regularly, but not very neatly and legibly, in the books there is a logical
flow and following of events, no corrective means is used. However, from our detailed
insight into records and registers, we have identified the following shortcomings:
From the inspection in the Record for persons deprived of liberty and detained
persons, the NPM team concludes that the records for persons deprived of liberty and
detained persons are conducted improperly and inaccurately, it lacks data, and the stated
data were in accordance with the data in the Records of events. The event overview is
drawn up on an annual basis.
From the completed inspection of the Records for Detained Persons, the NPM
team concluded that the records are not kept quite neatly, but when checking the data
listed in this book for records with the Book of Daily Events, it is obvious that the data
in both books correspond. Overview of the events in the book for recording the detained
persons is drawn up once for a period of one year.
From the inspection performed by the NPM team in the Record for the use of
means of coercion, from the data stated in this book for records, the most common
means of coercion used by the police officers in PS Delchevo are lever and handcuffs.
The NPM team, during the inspection of the documentation in PS Delchevo, also
inspected the folders/files of persons who were detained at the police station. From the
inspection, it was concluded that the folders were not completely neatly organized. During
the inspection, inadequacy of data regarding instructions on the rights of persons deprived
of liberty was ascertained. Namely, in the records for detained persons, a different time
was given for the provided instructions on the rights of the persons than the one stated in
the personal file of the same detained person.
The inadequacy of data related to instructions on the rights belonging to persons
deprived of their freedom indicates the suspicion that persons deprived of their freedom
are not being instructed in a timely manner or are not being instructed about their rights
at all. Therefore, the NPM team recommends a clear, precise and timely keeping of records
and documentation that are relevant to detainees, persons deprived of their freedom and
detained persons.
2.10.4. Recommendations and actions upon recommendations
The Ombudsman - NPM prepared a Special Report on the established conditions of
the visit with specific recommendations, which it submitted to the Ministry of Interior, as
well as to the Commander of the Police Station Delchevo.
Until the preparation of the report, the Ministry of Interior and the Commander of the
Police Station Delchevo did not submit any feedback, therefore the following is an overview of the recommendations given to the competent institutions.
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