Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
•
The unclear status of a person in the period from the conclusion of detention until the
departure of a plane when a person was actually deported from Slovenia was identified
(in BPS Gruškovje). It was stated by the Ministry of the Interior that an administration
error occurred in the above mentioned case since the detention was carried out in one
unit while the procedure for the deportation of the person was led by police officers in
another police station which was in charge of the entire procedure involving the foreign
national in question.
•
The detention of a person, resulting from the copies of official notes, was not recorded
in the FIO register (in BPS Bistrica ob Sotli). The Ministry of the Interior communicated
that data on the detention of a person had been entered by the border police station into
the register of detained persons.
•
A wrongly noted date of the conclusion of the detention in the official note was spotted
(in BPS Bistrica ob Sotli). It was communicated by the Ministry of the Interior, in this
case, that the attention of police units had been drawn to the consistency and accuracy
of filling in official documents and registering data in the official register of detained
persons and persons in remand (the method of notifying a person of his/her rights,
provision of health care, accurate filling in of the documentation on the detention when
detention is carried out in police units, etc.).
•
Wrong data regarding the conclusion of detention (in PS Ljutomer) – the time when
detention concludes is the time when a person is handed over to a foreign security
authority. The Ministry of the Interior communicated that police officers had filled in the
correct data of the conclusion of the detention and were warned of the importance of the
correct registration of data upon the conclusion of detention.
•
Stating in the official note on detention that a detained person “had been offered slippers”
is an example of good practice in the recording of data (PS Ljutomer) but the NPM
believed that it would be better to write down that slippers had been handed over to a
person or that a person had perhaps refused them.
•
The inspection of the documentation showed that police officers also filled in the section
regarding the notification of a diplomatic post even though it was not a case of a foreign
national (in PS Mozirje). The Ministry of the Interior communicated that police officers in
PS Mozirje had been informed of deficiencies in filling in and serving the forms during a
theoretical presentation of a practical course on self-defence and the findings made by
the NPM were presented to them at a working meeting.
•
It is clear from the documentation that when a detention ended at a certain time, a person
was handed over to an investigating judge at precisely the same time, but it was clear from
a receipt on the return of temporary confiscated items that the temporarily confiscated items
were returned to the person in question at the same time. The NPM made a proposition
in this regard, specifically, that it would make sense to consider the following: in cases of
the handing over of detained persons in proceedings before an investigating judge, the
time of handing over a person to an investigating judge should be registered in an archive
copy of a criminal complaint, or that a criminal complaint should be handed over to an
investigating judge so that the latter would confirmed it (perhaps by means of a written
proof of the complaint being served). In this manner, a mistake in stating the time of the
conclusion of the detention in the FIO register would be prevented, as well as in the official
note. In regard to a randomly selected case, the Ministry of the Interior communicated that
statements regarding the return of confiscated items to a detained person, the conclusion
of detention and the handing over of a person to an investigating judge were verified; it
was discovered that the items were returned to the mentioned person at the same time
when the said person was handed over to the investigating judge.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
45
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