opcat inspections and follow-up ombudsman decisions
41
finalise the information sheet as soon as possible for subsequent distribution
to all police stations.
In its response to the SPT’s report, the Government announced that an information sheet, in 40 different languages, had been finalised and made available
in December 2008 for use in police detention facilities.
The issue of information about rights is central in conjunction with a deprivation of liberty. One prerequisite for inmates to be able to assert their
rights is that they are aware of them. OPCAT inspectors always ask questions
about whether information about rights has been provided and this question
is followed up during their conversations with inmates. The Parliamentary
Ombudsman has repeatedly found that the authorities do not provide information about rights in a systematic manner. Another question is whether
the information that is provided is adapted so that it is understandable to the
recipient. The issue of information for inmates in police detention facilities
has been investigated by the Parliamentary Ombudsman.
Police detention facilities
The Parliamentary Ombudsman’s decision9 emphasised that a deprivation
of liberty is a serious encroachment on personal freedom and that it is very
important that persons deprived of their liberty are given information about
their rights. Among other things, this is a prerequisite if they are to be able to
assert these rights.
The Preliminary Investigations Ordinance contains provisions concerning information for persons suspected of a crime, stating that this information is to
be in a language which the inmate understands and, as regards those arrested
and on remand, to be in writing. The inmate is to have access to this information the entire time they are deprived of their liberty.
In the Parliamentary Ombudsman’s view, written information should also be
provided to persons deprived of their liberty for reasons other than that they
are suspected of an offence, and this information should be provided in a
language that the inmate understands. All information must also be designed
so that it is clear and easy to understand. If there is need, this should be supplemented by oral information. The Parliamentary Ombudsman’s decision also
emphasised the importance of providing information about rights in as close
conjunction with the deprivation of liberty as possible; this should be done no
later than when taking the detained person into the police cell block.
9 Ref. no. 2752-2013
Example from police detention
Under Chapter 24, Section 9 of the
Swedish Code of Judicial Procedure, when persons are apprehended or arrested or when an order
for arrest is executed, they shall
be informed of the offence for
which they are suspected and the
grounds for their deprivation of
liberty. The rule corresponds to the
obligation in Article 5, point 2 of
the European Convention, which
stipulates that those arrested
shall be informed of the reasons
for their arrest and of any charges
against them. This is to be done
promptly and in a language which
they understand.
One inmate stated during the inspection that, in conjunction with
the execution of an arrest order
in his home, he was not informed
of the offence of which he was
suspected, and when he asked the
police, the answer he received was
that they did not know. It was the
Prison and Probation Service personnel who informed him of the
offence of which he was suspected
in conjunction with his registration
at the police cell block. An underage inmate who had been picked
up at home stated that it took four
hours before he was informed
of the offence of which he was
suspected.
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