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.
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