respective bar association. The telephone numbers of the National Legal Aid Bureau have
not been put up in many RDPs.
The findings of the NPM are negative with respect to the observance of the procedure for
the provision of legal aid. None of the inspected structural units of the MI have complied
with the requirement of art. 14, para 8 of the Instruction. It is frequent practice not to
record the exact time when the defence attorney was notified in case of declared request
by the detained person for the appointment of a defence attorney under the provisions of
the Legal Aid Law. The exact time of appearance of the defence attorney is not recorded,
as well as the procedure followed to call such attorney. No records are made in the
register for the visits and the items and food products received in accordance with the
provisions of art. 87, para 1 of the Instruction.
Incorrect records of the exact time in the detention orders were revealed by the NPM in
some of the inspected locations. Art. 12 of the Instruction explicitly states the start of the
term. It commences as of the time when the right to free movement is restricted, and not
as of the time of the actual issuance of the order. The detention order usually states the
time when the latter is prepared. In some locations the detained persons' register states
the time when the detainee was placed in the detention facilities, which should be
different from the time of the detention. This time is important with respect to the final
deadline when the person is released or transferred to another facility (arrest, prison)
and is directly related to observance of the detainee's right to free movement.
Protection measures
The scope of the NPM inspections covers the procedure and manner in which the
detention documents are kept. These procedures are set out in the LMI, RILMI, the
Instruction and many other bylaws – regulations, ordinances, orders and guidelines.
During all of its inspections the NPM checks the available registers, set out in art. 87 of the
Instruction: detention order, personal search protocol; declaration; receipt for items and
money returned to the detained persons; detained persons register; register for taking
the detained persons out of the detention facilities; register for visits and items and food
products received; medical exams register; register of the amounts seized, received and
spent by / on the detained persons; security position control register; dedicated register
for the recording of detention orders; inspections register.
Different practices were found with respect to the keeping of the registers and the
reporting processes.
Firstly, for years no registers of the visits and items and food products received and
register of the amounts seized, received and spent by / on the detained persons have been
kept in certain police departments. The food products provided are not recorded properly
or are not recorded at all in these police departments, although such registers exist in
other RDPs.
In a small number of locations inspected the data in the register for taking the detained
persons out of the detention facilities is recorded incorrectly only when the detained
persons are taken out of the building of the respective regional police department. At
others all cases when the person leaves the detention premise is recorded in the register.
39
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