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police
•
A person deprived of their liberty had a television in their cell; according to the
police prison personnel, the decision to allow a television for a remanded person is
made by the officer investigating the matter.
The Deputy-Ombudsman emphasised the decision to withhold the
personal property of a person deprived of their liberty under the Act
on the Treatment of Persons in Police Custody is made by the police
officer or a guard. The Deputy-Ombudsman also emphasised that persons in charge of the investigation do not make decisions concerning
the conditions of a person deprived of their liberty while at a police
prison, other than is specifically provided in law. The Deputy-Ombudsman suggested that it would be logical if the decision to allow a
television in a cell were made by the police prison staff.
Follow-up:
The police department responded that the staff of the police department and the police
prison would be further instructed on the decision making regarding the personal
property of persons deprived of their liberty.
•
It was unclear who in the police prison was authorised to make the decision on
handing over personal property: according to the guard, decisions on which items
can be handed over were made by the investigators, whereas according to the police
prison rules and regulations, these decisions should be made by the guards.
The Deputy-Ombudsman drew attention to the police prison personnel’s obligation to be informed about statutory decision-making and
appeal procedures.
Information about rights and conditions
at the detention unit
•
Based on the interviews with persons deprived of their liberty, it would appear that
some had not been informed about the conditions and practices of the detention
facility on arrival.
The Deputy-Ombudsman recommended that, in addition to written
information, the staff should proactively inform persons deprived of
their liberty about the mealtimes, outdoor times, shower arrangements, and use of the telephone, on arrival.
Follow-up:
The police department responded that it had taken a more active role in informing
detained persons of the rules and conditions at the detention facility. The police prison
staff have also been instructed to give basic information orally to detained persons
about the conditions and rules of the detention facility on their arrival.
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