The MI explained that the Croatian security authorities informed the police unit that they would not
accept the foreign nationals only two hours prior to the expiry of the legally permissible detention
time. The detention therefore ended at 8.57. From 8.57 until 13.37, the procedure was followed for
the placement of the foreign nationals in the Aliens Centre for reasons of removal from the country,
of which the foreign nationals were informed. After the expiry of detention, both foreign nationals
remained in the detention room, as Ptuj PS does not have a more appropriate room where they would
be able to ensure their safety and privacy. It was further established that food was provided at 9.15,
but that police officers did not record this fact.
The MI commented that the management of Ptuj PS has been alerted to the fact that they must record
all activities concerning a detained or remanded person, and that the time from the end of detention
until placement in the Aliens Centre must be as short as possible.
As the explanation received from the MI did not address all of the NPM findings during its review visit,
we additionally asked the MI to explain why the procedure lasted more than four hours after the expiry
of detention and why the foreign nationals were not moved to a more appropriate room, e.g. the
booth in the hall opposite the police officer on call, or to rooms intended for the placement of foreign
nationals, which are available in individual police stations (e.g. there is such a room in nearby Gorišnica
PS). We also asked for an explanation of how other PS across Slovenia manage these procedures in
similar cases of detaining foreign nationals (detentions over the weekend and announcements made
to the Croatian security authorities and their non-acceptance of foreign nationals). We inquired as to
the time frames and whether PS are given any instructions on what to do if foreign security authorities
do not accept a foreign national by the time of the expiry of the legal deadline for detention.
We emphasised that each police detention is limited to last only as long as strictly necessary, while
detention under the fourth indent of Article 64 of the ZNPPol may last no more than 48 hours (the
second paragraph of this Article). Overstepping this time means a violation of the law. If a person
who needs to be handed over to foreign security authorities cannot be handed over within this time
limit, the police must act especially fast. The police must be ready for that, as it is clear that foreign
security authorities can refuse the acceptance of a foreign national. In the case at hand, the Croatian
security authorities informed the police unit more than two hours prior to the expiry of the deadline
for detention that they would not accept the foreign nationals, and it is incomprehensible that the
procedure for placing the foreign nationals in the Aliens Centre lasted so long (more than four hours).
We also found it questionable that the foreign nationals, from the end of detention on 20/03/2017
from 8.57 until 13.37 (more than four hours), when they were taken to the Aliens Centre, remained
in unchanged conditions, i.e. in the detention room where they had been kept since the beginning
of the procedure. Saying the Ptuj PS does not have a more appropriate room hardly justifies that.
In its additional response, the MI said that the reason for the procedure (where the foreign nationals
were restricted movement pursuant to Article 76 of the Aliens Act) taking so long after the expiry of
detention was that in this case the senior officer had to write a dispatch note and four decisions,
i.e. two for the removal of the foreign national from the country and two for the placement of the
foreign national in the Aliens Centre. When being served the decisions, their content was explained
to the foreign nationals in English, which again took time. Regardless of this, the MI also believes
that Ptuj PS should have made sure that the time from the expiry of detention until the placement
of the foreign nationals in the Aliens Centre should have been as short as possible, and the PS has
been alerted of the fact. With regard to the reasons why the foreign nationals were not moved to a
different room after the expiry of detention, the MI said that in this case it would have been impossible
to watch the foreign nationals had they been placed in the booths, as police officers were involved
in other activities. The foreign nationals received food at 9.15, which they consumed in the detention
room. The MI further believes that had they been given the food in the booths, in plain sight of arriving
clients, they would not have had any privacy. The MI agreed with our finding that the foreign nationals
could have been placed in Gorišnica PS, which has an appropriate room; however, this would have
additionally prolonged the duration of the proceedings. Procedures in cases where foreign security
authorities refuse to accept foreign nationals last different lengths of time, as they depend on a
number of factors (number of processed foreign nationals, distance from the police station to the
Aliens Centre and so on). With regard to this particular case, the Police prepared a dispatch note
for police units explaining the actions of police officers in such cases. We therefore do not expect to
come across a case like this one in the future, and that foreign nationals, once detention expires, will
be placed in the Aliens Centre in the shortest possible time and that they will not be placed (or only in
exceptional cases) in detention rooms after the end of their detention.
72
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2017
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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