where these persons are accommodated. In this regard, the MNZ explained that
brochures and posters concerning the rights of persons deprived of liberty were
in these rooms at the time of the NPM visit, but members of the NPM conducting
the visit did not notice them. Furthermore, recommendations that police officers
insert accurate information about the presence of an expert worker of a social
work centre when discussing unaccompanied minors of foreign nationality in the
form „Implementation of tasks during detention/custody – official note“ were also
not accepted.
2.4 VISITS TO
POLICE STATIONS
The systemic recommendations (15) dealt with various fields of the police officers’ work. Two systemic recommendations referred to the filling of vacant
police officers’ or duty officers’ posts.
The recommendation to examine the possibility of re-introducing permanent 24hour service at certain police stations was made particularly because police officers from these police stations (e.g. Gornja Radgona and Dravograd), which have
suitable premises for detention of persons deprived of their liberty, must transport detained persons to police stations several tens of kilometres away. Such
transportation is not always the most appropriate procedure; furthermore, the
presence of police officers in the area of their respective police station diminishes
when they carry out transportation of persons. Relating to the foregoing, the MNZ
replied that the Police had been experiencing a significant lack of staff which it
has been striving to reduce for some time, but this is an ongoing process of many
years.
Several other systemic recommendations referred to police procedures relating
to foreigners and concerning the need for consistent recording of their treatment,
e.g. in what way the foreigner was informed about their rights relating to the deprivation of liberty, and especially if they were informed about the possibility of
filing an application for international protection/asylum.
We assert that the documentation related to police procedures, especially involving persons who reported persecution due to any circumstance as the reason why
they have left their country of origin, must be sufficiently precise in all cases so
that it eliminates doubt about whether international protection has been adequately presented (for example, with brochures) and been explained to a person,
and that it be determined whether or not that person has decided to exercise this
right. Since it is difficult, given the mixed migrant flows, to clearly define in the
course of the short police procedure the reason why a person has left their country
of origin (which the documentation requires), what is also important is the ability
of police officers to observe possible signs that the person needs international
protection.
We reminded the MNZ that, in our opinion, group interviews with foreigners do
not enable the recognition of individuals who may need international protection or are victims of human trafficking, and do not enable the establishment of
circumstances requiring the observance of the non-refoulement principle. We
would like to note that the non-refoulement principle not only protects persons
from being returned to their country of origin, but also from chain refoulement.
Individual interviews with all foreigners who illegally cross the national border is
50
THE REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA
ON IMPLEMENTING THE TASKS OF THE NPM
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