Report on the Performance of Activities of the National Preventive Mechanism for 2016
asked them to be treated with respect. In addition, despite the legally prescribed possibility
that a person under surveillance performed by at least two police officers may have their hands
cuffed in the front, the woman was deprived of her liberty by having hands cuffed behind the
back. In this case, police intervention was provoked by a blocked driveway!
Furthermore, means of coercion were imposed upon a 71-year-old man, completely deprived
of legal capacity. In its Report, Ministry of the Interior states that while collecting bottles, he
started insulting police officers, after which the latter resorted to means of coercion in order
to arrest him and bring him to the police station. In the meantime, another 71-year-old man
shouted that he did not approve of such treatment of elderly people, after which means of
coercion were applied on him as well. Citizens who had gathered protested out load, pointing
to inappropriateness of such treatment by the police, which resulted in two more interventions,
which points to the fact that lives of neither police officers nor any other person, were directly
threatened.
Although police officers should treat members of vulnerable groups with special care and apply
their police powers in such a manner that a person’s rights and freedoms are interfered with
as little as possible, examples such as these prove that it is still not so. In addition, Police
Directorate’s position on the legality of application of means of coercion to elderly citizens, is
also worrying, which is something that we pointed out in the Report for 2015. Even though it is
indeed true that they acted pursuant to the law, the question regarding effectiveness of
Ordinance provisions, remains unanswered, given that police officers do not comply with them
and that Police Directorate is willing to justify such conduct.
These examples show that police officers are still not familiar enough with human rights
protection, especially when performing their duties or implementing powers with respect to
vulnerable groups, in particular elderly people. Moreover, the fact that almost trivial offences
result in employment of the measure of deprivation of liberty, is also worrying.
Complaints also referred to application of powers when it comes to establishing and verifying
a person’s identity because, when doing so, many officers resort to the measure of bringing a
person to a police station, even though there are measures that interfere with human rights
and freedoms to a somewhat lesser degree. Pursuant to Police Duties and Powers Act, when
verification of a person’s identity is impossible to perform by inspection of identity card or other
public document, this may be done on the basis of a statement, which means that verification
of identity by bringing the person to a police station should be the last option when authenticity
of the document or of data used by the person is uncertain.
Policing oversight
An efficient civilian oversight of the policing system still does not exist, and neither does the
Ministry of the Interior’s Commission for Reviewing Complaints, foreseen by the Police Act as
a form of civilian oversight.
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