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police
Preparing and training for the appeals process
•
It has been noted during visits that police prisons are not prepared for the application of the regulations regarding appeals under the Act on the Treatment of Persons
in Police Custody, which concern, for example, the possession of personal property.
No forms required for decision-making or instituting an appeals process were available at the detention facilities.
The Deputy-Ombudsman has recommended that training on the appeals process and the availability of forms used in the appeals process
be improved.
Follow-up:
The Deputy-Ombudsman drew attention to the police prison personnel’s obligation to
be informed about statutory decision-making and appeals processes. Moreover, forms
required in the appeals process should be made available at police prisons. A template
of this form was appended to the circular.
Protection of privacy / confidentiality
•
The security camera did not respect the right to use the toilet in privacy.
The Deputy-Ombudsman stated that privacy when using the toilet was
an issue that had drawn attention during legality oversight, and that
the National Police Board has also demanded that this privacy be respected. The Deputy-Ombudsman recommended that security cameras be positioned so that the toilet can be used in privacy. At the same
time, however, care must be taken not to compromise security and to
make sure that the guards are able to monitor the detained person.
Follow up:
The National Police Board has instructed police departments on the use of camera
surveillance so that the cameras must be positioned in the detention facilities so that
persons deprived of their liberty may use the toilet in privacy.
•
The confdentiality of information was compromised in a number of police prisons
in a situation in which a person deprived of their liberty was obliged to speak with
their legal counsel over the phone so that the guard was able to overhear at least the
detained person’s side of the conversation.
The Deputy-Ombudsman stressed that under the Act on the Treatment of Persons in Police Custody, phone calls between a legal counsel and their client may not be listened to. The conditions must be
arranged so that the confidentiality of phone calls between a legal
counsel and their client can be guaranteed.
Follow-up:
According to the instructions of the National Police Board, phone calls between persons deprived of their liberty and their legal counsel must be arranged so that the confidentiality of the phone calls can be guaranteed with certainty by using, for example,
a Bluetooth headset.
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