Report on the Performance of Activities of the National Preventive Mechanism for 2016
Rights of persons deprived of their liberty
During our visits, Record Book and Records of Arrested Persons were inspected, for the purpose
of establishing the extent to which prisoners’ rights are respected when being deprived of their
liberty. Practice of record keeping differs among police stations, which means that while some
only use electronic format, other use the paper one as well. Criminal case files contain all
mandatory documents, including certificates of handover of arrested persons, whereas records
are kept in an orderly manner and in accordance with the Ordinance. Nevertheless, in some
cases, parts of the report pertaining to treatment of the arrested person or information on time
of release / delivery to court or other body, are lacking. Arrested persons rarely claim their right
to consult an attorney.
Arrested persons are informed about the reasons for the arrest as well as their rights, whereas
police administrations dispose of lists of certified interpreters and attorneys. Foreign nationals
are allowed to contact embassies or consulates. Due to limited number of court interpreters,
some stations cooperate with tourist boards, whereas sometimes police officers who speak
foreign languages engage in interpretation. Persons deprived of their liberty are searched by
police officers of the same sex, all their belongings are seized, including those that may
potentially be used for self-harm or attack.
Persons deprived of their liberty held in police
Most police stations do not dispose of
stations should be served food, including at
sufficient means for ensuring a daily meal to
least one full meal a day, at appropriate time;
persons deprived of their liberty; as a result,
however, most police stations are unable to
the latter either buy their own food, when
they dispose of sufficient financial means; or, meet this requirement because they lack
sufficient means. Meals are served in
it is police officers who buy them food at
detention
units, which
confirmed by persons held in Šibenik and Drniš Police Stations.
their
own expense,
whichwas
is completely
However, in Knin and Vodice Police Stations, only detained persons are provided with food
unacceptable.
when premises are being used as detention unit, not for all persons deprived of their liberty. In
most police stations, food is provided at the request of persons deprived of their liberty, when
they dispose of their own financial means; or, it is police officers who buy them food at their
own expense, which is completely unacceptable.
Uniform practice for monitoring provisionally confined or arrested persons, does not exist.
Hence, some police stations use a control guard sheet, which they have introduced on their
own initiative. Control of prisoners is performed every half an hour; data on provided medical
assistance are also entered. A positive example is Kaštela Police Station, where a detailed
official note is taken on every provisional confinement, about whether restraint devices have
been used in order to bring the person to the station, if there are visible injuries, if the person
has sought medical assistance and whether the person has complained about any pain or alike.
During our visit to police stations, we noticed the practice according to which persons under
the influence of alcohol are first subject to the temporary measure of placement in a special
room, until opioid has ceased to have effect, and then they are arrested, which is explained by
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