21. Aside from detention of criminal suspects, the police in most countries can keep persons
in administrative detention for a variety of other reasons, such as for identification,
public order, intoxication, or for misdemeanours. The length of custody in these cases
range from 3 to 48 hours; in many countries, some of the traditional safeguards, such as
access to a lawyer, do not apply for these forms of police custody, despite
recommendations by the CPT. Additionally, a number of countries foresee the possibility
of inviting or summoning persons for “informal talks”, to “provide explanations”,
or for “collecting information” under a “simplified procedure”. Countries maintain that
legally speaking, these persons are not detained by the police, and could, in principle,
leave the police station any time they want. It must be acknowledged that at times it will
be necessary for police officers to obtain information from persons who are not (yet)
suspects in a criminal investigation, or to administratively detain a person who poses a
threat to security and good order. However, the CPT has on numerous occasions noted
that administrative detention or informal questioning of “persons of interest” was
abused in order to extend legal deadlines for detention and to deny procedural
safeguards that would apply to criminal suspects. As a positive example, Georgia has
extended all procedural safeguards applying to criminal suspects also to administrative
detainees. Romania is currently considering doing likewise.
The CPT recommends that all persons who are de facto deprived of their
liberty by the police benefit from all procedural safeguards (see below).
What additional (legal and practical) safeguards can be put in place in order to
prevent the abuse of administrative detention or questioning of witnesses or
persons who are not (yet) suspects in a criminal investigation?
Dedicated custody officers as a safeguard against ill-treatment
22. There are many good reasons why States should consider the introduction of dedicated
police custody officers, or even the establishment of centralised police custody facilities
with staff that exclusively fulfil the role of custodial officers. In terms of resources, a
division of labour between operational officers, custodial officers and investigators can
lead to greater specialisation, professionalism and efficiency. Furthermore, basic
material conditions, such as sanitary facilities, outdoor yards, meeting rooms for
lawyers and medical examination rooms, as well as food can be better provided in larger,
specialised custody facilities than in small district police station.21
23. In recent years, Georgia has closed down all cells in local police stations; police custody
is nowadays exclusively implemented in “temporary detention isolators”, which was
welcomed by the CPT. In the United Kingdom, part of the larger police reforms was the
introduction of custody officers, who were charged with ensuring the welfare of persons
in police custody; every arrested person has to be presented immediately to a custody
officer, before any other procedural steps can be taken. In Lithuania and Malta, persons
can be held for five and six hours, respectively, in “holding cells” in smaller police
stations, before they have to be transferred to larger and better equipped “police arrest
houses” or “lock-ups”. In the Netherlands, the CPT gained a particularly positive
impression of the functioning of the Houten Police Detention Facility, which was built in
2008 as the first step of a project to create several facilities of this kind throughout the
country.
It should be noted, however, that the existence of dedicated police custody facilities should not lead to longerterm detention of remanded persons in these facilities, as is the case in various CoE countries.
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