police The participation of criminal investigators in detention duties • The police prison had a small number of books and magazines on offer and persons deprived of their liberty had no access to a canteen. The NPM were told that criminal investigators could bring newspapers and magazines for those deprived of their liberty and could shop for items outside the police prison on their behalf, and they were also partly in charge of organising prison visits for them. The Deputy-Ombudsman referred to the CPT report on Finland, which had drawn attention to the point that the responsibility for the detention of those deprived of their liberty and that for the criminal investigation should be strictly separated. According to the CPT, overlaps in criminal investigation and detention duties would present a risk of misconduct. The Deputy-Ombudsman found it problematic that the police officer investigating the matter concerning a person deprived of their liberty participated in the detention duties of the latter at the police prison. The Deputy-Ombudsman made the recommendation to police departments that the investigation of a criminal case and the detention of a person deprived of their liberty be kept strictly separate. The Deputy-Ombudsman noted that while there were no signs of misconduct, the risk alone of such misconduct is unacceptable. Follow-up: At the request of the police department, guidelines clarifying and limiting the duties related to the detention of a person deprived of their liberty and criminal investigations were issued in October 2017. The guidelines make clear, for example, that the persons investigating the matter concerning the person deprived of their liberty may not be involved in the daily activities of the latter any more than is necessary for the purpose of the investigation. If requests are made to the officer involved in the investigation that are not relevant to the matter under investigation, the officer shall pass the request on to a competent guard. One of the police prisons reported that it has insufficient staff to make sure that only staff members working at the detention facility purchased items on behalf of the persons deprived of their liberty. Another police department, also with a limited number of officers, had adopted a practice by which duties in the detention of persons deprived of their liberty were only carried out by police prison guards. Criminal investigators may assist guards by providing magazines, cigarettes, and other personal items for persons deprived of their liberty, but the decision to hand them over to the remanded person is made by the guard. 23

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