official procedure if the relevant SWC assesses that this is in their best interest.
The MNZ also informed us that the tasks of the Police in 2020 include the update
and reform of the protocol on cooperation between SWC and the police due to
the amendments to the Foreigners Act.
2.4 VISITS TO
POLICE STATIONS
We approve of the adopted guideline and the proposed reform of the protocol,
although minors are not explicitly exempt from the discussion as per the Agreement. We believe that their readmission according to this Agreement excludes
the Foreigners Act, which stipulates that return decisions must be issued to the
minors. We cannot agree with the MNZ’s explanation that police officers were
unable to observe the Agreement and conduct the official procedure without interviews implemented by, and decisions issued by, Postojna SWC or the guardian for a special case. Official readmission of unaccompanied foreign minors is
enabled by the Foreigners Act, whereby the police is responsible for conducting
the procedure. In this regard, we observe that police officers could accommodate
unaccompanied foreign minors at the Aliens Centre in Postojna even without SWC
cooperation. There, they would be assigned a special case guardian to interview
them to clarify their circumstances and determine whether they are eligible to
apply for international protection.
At most police stations visited, other deficiencies or errors with filling in forms
necessary for detention were established, although these were not as numerous as in the past. The most frequent deficiency or error was the inconsistent
management of data on the time period of the detention order. The same task
of a police officer (e.g. imposition of detention, conducting a security check) was
thus recorded in different forms or under different sections of the same form
(e.g. Implementation of tasks during detention/custody – official note) as though
it took place at different times. Relating to all deficiencies or errors established
when completing forms necessary for detention implementation, the MNZ reported that police station management and police officers with whom deficiencies or
errors when completing forms were discovered were warned about the importance of consistent and correct documenting of the procedures they conduct.
In three cases, it was determined that police officers (particularly duty officers)
failed to observe paragraph seven of Article 51 of the Police Tasks and Powers
Act (ZNPPol), which stipulates that a security search of a person deprived of their
liberty be carried out by a person of the same gender, unless the security search
cannot be postponed. However, in neither of the relevant cases of the violation
of the provisions of paragraph seven of Article 51 of the ZNPPol, did police officers state that the security search of a person deprived of their liberty could not
be postponed until the arrival of a person of the same gender. Regarding these
findings, the MNZ replied that the management of the police station and police
officers were called upon to consistently observe paragraph seven of Article 51 of
the ZNPPol or consistently provide reasons preventing temporary postponement
of security checks.
54
THE REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA
ON IMPLEMENTING THE TASKS OF THE NPM
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