of the security measure “arrest with imprisonment”, as they had not been accepted by
IECDs with the justification of overcrowding in their premises.
4. Persons who had been convicted with final court decisions, with imprisonment in absence
for a period of 5-20 days are held and treated in several security premises of state police
authorities, as they are not accepted by IECDs without a special order of the General
Directorate of Prisons.
Our observations set out above were also accepted and confirmed by:
-
General Directorate of Prisons, with letters no. 105/1 Prot., 19.01.2015 and no. 6136/1
Prot., dated 21.07.2015.
General Directorate of State Police, with letter no. 76/2 Prot., dated 17.02.2015.
As per above, it results that against arrested persons, pre-trial detainees and prisoners, the
following are not complied with: provisions of law no. 8328 dated 16.04.1998 “On the rights
and treatment of prisoners and pre-trial detainees”, as amended; DCM no. 327, dated
15.05.2003 “On the transfer of the pre-trial detention system under the Ministry of Justice”; Joint
Order of the Minister of Justice no. 3750/1, dated 10.07.2003 and the Minister of Public Order
no. 1883, dated 16.07.2003; Joint Order of the Minister of Justice no. 582/1, dated 24.01.2007
and the Minister of Interior no. 432, dated 23.01.2007 “On the full transfer of pre-trial detention
from the Ministry of Interior to the Ministry of Justice”; Manual on “Standard Rules and
Procedures on Treatment and Security of Persons Arrested and Detained in Police Units”,
approved with the order of the General Director of State Police, no. 763, dated 27.09.2011.
As per above, the following was recommended:
Taking measures for the implementation of legal and sub-legal acts cited above, by making:
1. The immediate transfer of the arrested against whom a personal security measure had
been given “arrest with imprisonment” by the court, and prisoners with final court
decisions with imprisonment in absence, from the security premises of State Police to the
relevant sectors of IECDs;
2. Immediate transfer of the convicted with imprisonment, for whom a court decision has
become final, from the pre-trial detention sections to the relevant sections of IECDs,
where the convicted persons are held.
5. Recommendations delivered based on Inspections conducted during 2015
At Local Police Directorates and Subordinate Commissariats
LPDs
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