Report on the Performance of Activities of the National Preventive Mechanism for 2016 In 2016, internal oversight system of the Ministry of the Interior recorded 2,311 complaints and anonymous submissions. It resolved 2,093 cases, out of which 198 were completely or partially well-founded, which, as in previous years, represents less than 10%. Considering that the former Commission even in difficult working conditions recorded more than 20% well-founded complaints and considering their significant number, the need for achieving more efficient internal oversight, which would result in decisions arising from objective consideration of complaints, is still present. In this context, it is necessary to stress the fact that even when an efficient civilian oversight of the policing system exists, it cannot function as a substitute for judicial control guaranteed by the Constitution. Police Act prescribes as well that, except for contacting internal police oversight bodies and the Commission, there are other legal means that citizens may use; however, they usually claim that they are unfamiliar with what these are. For example, General Administrative Procedure Act foresees that a person who deems that an action of an administrative body, on which no decisions are adopted, has violated his or her right or legal interest, may file a complaint while such action is still ongoing or as long as the consequences of such action are present. However, Ministry of the Interior does not reach decisions based on filed complaints, following conducted internal oversight procedures with the results of which citizens are unsatisfied, whereby it eliminates the possibility of a competent administrative court deciding upon such cases. This is contrary to expert opinions, according to which conduct and actions by police officers may be subject to complaints and according to which it is probable that an increasing number of citizens shall use complaint as remonstrative legal remedy. 1 2.2. Visits to police stations and detention units In accordance with its competences, with the aim of preventing torture and other cruel, inhuman or degrading procedures or forms of punishment, in 2016, NPM visited 11 police stations in Split-Dalmatia County Police Administration and four in Šibenik-Knin County Police Administration as well as their detention units; in addition, accommodation conditions, records on persons deprived of their liberty and those regarding use of means of coercion, have been examined. Encountered persons deprived of their liberty had no complaints regarding their treatment; however, it was established that accommodation conditions had not been completely aligned with international standards, which may represent degrading treatment and which is contrary to Standards of Premises Where Persons Deprived of Their Freedom of Movement Are Held. Accommodation conditions Most detention units do not meet the standards foreseen by the Ordinance on Admission and Treatment of Arrested and Detained Persons and the Records on Persons Detained in a Police 1 Prof. Ivan Koprić, PhD Fundamentals of the New General Administrative Procedure Act, 2010. 27

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