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. 21 8

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