Report on the Performance of Activities of the National Preventive Mechanism for 2016
Accommodation conditions in most police stations do not meet the required standards; in
addition, they do not dispose of sufficient funds for ensuring that every person deprived of their
liberty is given a meal. Sanitary facilities are covered by video surveillance, which invades
privacy, and detention units provide no area where persons could be in the fresh air.
As for use of means of coercion, it is particularly important to determine whether their use was
justifiable and lawful as well as to perform this assessment within the foreseen deadline, which
was not the case in some police stations in 2016. In accordance with ECHR practice, every state
must provide arguments in order to prove that
It is important for the premises to be
means of coercion were not excessively used.
equipped with video or audio recording
Complaints regarding excessive use of means of
devices which would represent an
coercion, especially when there are visible external
additional measure for protecting
injuries and when medical examination did not
citizens’ rights from violation, persons
follow immediately after it, may point to their illdeprived of their liberty from abuse,
founded or unlawful use, as well as to possibility of
but also police officers from unfounded
torture, inhuman or degrading treatment. For this
abuse allegations.
reason, it would be a good thing to have the
premises in question equipped with video or audio recording devices which would represent
an additional measure for protecting citizens’ rights from violation, persons deprived of their
liberty from abuse, but also police officers from unfounded abuse allegations. In addition, in
order to improve the quality of police conduct, especially in the first phase of deprivation of
liberty, it is necessary to carry out trainings of police officers on domestic and international
standards of treatment, as well as on ECHR practice.
3. PERSONS WITH MENTAL DISORDERS WHOSE FREEDOM OF MOVEMENT HAS
BEEN LIMITED
“They tried to persuade me to sign a document claiming that I came to the hospital willingly,
but I refused to do so. They made me take a pill, against my will.”
In 2016, we received 18 complaints pertaining to involuntary hospitalization, conducted two
investigative procedures in the field and visited four healthcare institutions that offer
psychiatric treatment.
The case of a man whose identity remains unascertained, who spent 36 years in the Psychiatric
Hospital Rab and more than 16 years waiting to be committed to a suitable social institution,
clearly reveals inefficiency of collaboration between different administrations in this area.
Throughout this time, he was deprived of appropriate rehabilitation services which are
essential for the extent of his disability, since they are not available in the hospital, but within
the framework of social care system. It is inadmissible that a psychiatric institution be
responsible for all rights of a person who is being treated there, especially if this person does
no longer need treatment. With identity unknown and with no personal identification
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