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The use of means of coercion must be reasonable, necessary and proportionate to the risk posed.
Obviously, it is not necessary to bind each person apprehended by the police, therefore, binding persons
without necessity to do so, constitutes a violation of their rights.
NPM considers that it is necessary to modify without further delay provisions of the Instructions
on the Treatment of Arrestees and Detainees, which prescribe mandatory use of means of physical restraint when transporting arrestees to the police premises. 99
During the reporting period, NPM has constantly pointed out numerous shortcomings of the Instructions
on the Treatment of Arrestees and Detainees, i.e. the provisions that are not in compliance with applicable regulations and standards, as aforementioned mandatory binding during transport /bringing in of
persons, and also erroneously determined jurisdiction of the control mechanisms and their competences, the mandatory presence of police officers during medical examinations of detainees, non-compulsory installation of alarm button for calling a police officer on duty when there is video surveillance in
the room, etc.100 Aforementioned facts led to police officers doubting about the correctness of the way
of police power exercise and non-uniform procedure practice in certain police directorates, thus it is
necessary without further delay to harmonize the Instructions on the Treatment of Arrested and Detained
Persons with the applicable regulations and standards.
NPM considers that police officers should be entitled to estimate whether it is necessary to apply coercive means and to what extent in each specific situation, taking into account all the objective circumstances.
In addition, police officers should be provided with guidelines regarding what facts should be taken into
account when making a decision on whether the use of coercive means is necessary, i.e. they should
be trained to assess all important circumstances that are relevant to the decision, such as the age, sex,
height, physical strength, physical and especially mental state of the person that needs to be brought
in, as well as the type of committed offence and other relevant aspects.
Police officers make reports and maintain special records on the use of coercive means. However, report
on the use of coercive means is frequently not accompanied with a signed statement of a person on
whom a coercive mean is used, or a statement of a witness to an event, in the case of persons who
are not police officers. The exception is the practice of the Belgrade Police Directorate101, where there
is an established standard procedure to deliver the report on the use of coercive means made by a
police officer, together with a note made by a chief police officer on duty at the time when a arrestee
is brought to the police station, to the officer in charge of control of the justifiability and regularity of
the use of coercive means. This note contains the statement of the person deprived of liberty related
to the conduct of police officers toward him/her, and possibly his/her remarks regarding the use of
coercive means. However, a person deprived of liberty does not confirm by signing that he/she saw and
read the note, or that his/her statement is accurately transmitted. In relation to the aforementioned it is
recommended that it is necessary to establish the practice so that a person deprived of liberty on whom
coercive mean is used, can have access to the note made by
the chief police officer on duty related to
his/her allegations regarding the conduct of police officers, and confirm by signing the note that he/she
read the note and that his/her statement is accurately transmitted.
What may arouse suspicion of the presence of inappropriate and unlawful use of coercive means, or
indicate cases of ill-treatment in police stations, is the presence of prohibited items (rods, sticks, shovels,
etc.) in premises used for interrogation of citizens.102
99 See, for example, the judgment of the European Court of Human Rights in the case of Berlinski v. Poland (Appl. nos. 27715/95 and 30209/96),
paragraph 59.
100 Matter No. 78-6/13, NPM Report on the visit to the City of Belgrade Police Directorate, No. 71-71/13.
101 NPM Report on the visit to the City of Belgrade Police Directorate, No. 71-71/13.
102 Prohibited items were found during the NPM visits to the Pančevo Police Directorate, Police Station Kovin and Police Station Savski venac.
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