the police authority
26
nee, if permitted. The Parliamentary Ombudsman further stated that police
custody facilities did not manage their documentation in a uniform manner.
In the Parliamentary Ombudsman’s view, it is important that police custody
facility staff and custody officer who are responsible for individuals held in
police custody have access to the same documentation. Furthermore, it is important that the documentation is saved for the purpose of review. The Police
Authority must ensure that the documentation is prepared and handled in a
uniform manner within the Police Authority.32
Information on rights
In the view of the Parliamentary Ombudsman, it is important that the Police
Authority has routines which mean that individuals held in custody receive
information concerning their rights and the meaning of the measures used
against them in a legally secure manner. This means, inter alia, that individuals deprived of their liberty, regardless of the grounds for the deprivation,
receive information concerning their rights, orally and in writing, in a language they understand in as close a proximity as possible upon being detained.
It is also important that these actions are documented.33
The Parliamentary Ombudsman has previously stated that the special form
that the Police Authority has produced to document that detainees are informed, inter alia, of their rights plays an important role as it concerns the basic
information that the detainee has the right to receive. The purpose of such
comprehensive documentation is to reduce the risk of a detainee not receiving the information.34
During the inspection of the police custody facility in Växjö, it emerged that
the facility does not use the form. Furthermore, it was not possible to determine from the documentation whether the individuals deprived of their
liberty had received any such information. Similar observations were made
during the inspections of the police custody facilities in Arvika, Karlskoga and
Kristinehamn. The Parliamentary Ombudsman stated that the Police Authority should ensure that the form is used.35
During the inspection of the police custody facilities in Karlskoga and Kristinehamn, it emerged that the facilities do not provide the Police Authority’s
written information to individuals detained due to intoxication. Following the
inspections, the Parliamentary Ombudsman stated that the Police Authority
should take the necessary measures to provide individuals deprived of their
liberty the opportunity to receive the written information, and referred to an
32 See the Parliamentary Ombudsmen’s report p. 12 and 13, ref. no. O 2-2019 and report p. 10 and 13, ref. no. O 47-2019.
33 See the Parliamentary Ombudsmen 2014/15 p. 104.
34 See the Parliamentary Ombudsmen’s report p. 7 and 8, ref. no. 5424-2018.
35 See the Parliamentary Ombudsmen’s report p. 6 and 12, ref. no. O 47-2019, report p. 6, ref. no. O 48-2019, report p. 5, ref. no. O 482019 and report p. 5 and 7, ref. no. O 21 -2019.
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