In relation to the informing of foreigners about the possibility of applying for international protection, the MNZ continues to insist that the existing regulation of
the documenting of procedures ensures adequate standards and traceability of
the recorded reasons why a foreigner has left their country of origin. The Ministry
provides assurance that police officers treat every foreigner individually and that
they also issue individual acts, such as payment orders, detention orders, a record
of the statement by the perpetrator, and a decision establishing that a document,
movable property or security has not been temporarily seized from the perpetrator. An interview is also conducted with the foreigner, but an individual official
note is not necessarily made for every interview. In instances when a larger group
of persons who have travelled for most of their journey together is processed, a
joint official note may be made, and it may happen in exceptional cases that an
official note is not made due to the objective circumstances of the procedure. The
MNZ also noted that mandatory writing of official notes by the police is not required by any regulation. Nevertheless, personal information about the foreigner
(identification), country of origin, reasons for leaving the country of origin, country
of destination, etc. are established in all cases, including possible reasons mentioned by the non-refoulement principle.
The MNZ also assured that, when conducting procedures, police officers take
the rights of foreigners into consideration, which is encouraging, including the
right to access the international protection procedure. In all cases when persons
express the intention to apply for, or it is obvious that they need, international
protection (they state circumstances implying this in the interview), police officers
provide them with the basic information about the further procedure. In accordance with the International Protection Act, they complete the registration document. In addition to the registration document, they make or obtain from the foreigner a hand-written statement about the reasons for international protection,
or make an official note if the foreigner does not want to write a statement. Police
officers have no legal grounds to request that all foreigners make a statement
that they do not have an intention to apply for international protection in Slovenia. At the same time, the MNZ said that amendments to the Foreigners Act are
being drafted. What has been included in the proposed amendments is the keeping of a record of unlawful entries of foreigners into the country, which would,
among other items, also contain information about the reason why a foreigner
has left their country of origin and about the country of destination to which the
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2.4 VISITS TO
POLICE STATIONS
also undoubtedly necessary in order to establish and explain the offence, as the
Slovenian legislation does not enforce collective penalisation. For this reason, we
still think that it is necessary that police officers record in their documentation all
important findings from the procedure with an individual foreigner (these include
circumstances which imply that they are eligible for international protection or
circumstances which may prevent their refoulement, or whether they have expressed the intention to apply for international protection, or it is clear from the
circumstances that they need to do so or that they want to exercise such an intention in another country or that they are travelling to another country). If such
records do not exist, it is not possible to subsequently examine what the police
procedure with an individual foreigner entailed. Therefore, the response from the
MNZ that sometimes there are no official notes due to the „objective circumstances of the procedure“ is most alarming.
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