fundamental and human rights
�.� national preventive mechanism against torture
equal access to outdoor exercise requires such a
measure. However, a clear majority of persons deprived of their liberty are regular smokers. Particular attention has been paid to the daily cleaning of
cigarette butts from the exercise area.
The police prison’s exercise area was not fit for
purpose. The area had next to no ventilation and
was poorly cleaned (4391/2018).
Distribution of medicines
The intention was to provide training in the distribution of medicines to all police department
guards during 2018. This has not happened, however. The training programme was begun in November 2018, with the objective that all guards
should have passed the course and examination
by June 2019.
Storage of medication at the Joensuu
Police Prison.
Separation of investigation
and detention responsibilities
In the context of the oversight of legality, it has
frequently been noted that the responsibilities
for investigating an offence and holding a suspect
should be kept separate, administratively and in
practice. If investigation and detention are left
”in the same hands”, there is a risk of detention
conditions and the treatment of remand prison-
80
ers becoming dependent on the progress of the
investigation and the remand prisoner’s attitude
towards it. Even though no such cases have been
observed, the mere possibility gives cause for criticism. In this regard, practices such as the investigating officer managing the prisoner’s meetings
with family members are problematic. The police
department should conduct a thorough assessment of the separation of investigation and detention responsibilities. This observation and opinion
applied to nearly all visited police prisons.
According to the Deputy-Ombudsman, police
prisons should have clear and uniform rules for
obtaining a television, which should not be left to
the decision of the investigating officer. Rather,
the decision should be made by police prison staff
according to these predefined criteria (849/2018).
According to the Helsinki Police Department,
the police prison is equipped with 20 televisions, and
access to them is subject to the discretion of the police prison staff. A specific guideline has been drawn
up on the remand prisoners’ right to obtain a television.
If no restrictions on communication have been
imposed on a person, neither can the investigating
officer impose such restrictions. In general, the
interviews of remand prisoners indicated that the
handling of the affairs of persons deprived of their
liberty could be much delayed when they were
referred to the investigating officer (849/2018).
According to the Helsinki Police Department,
the intention was not to create artificial restrictions
on communication, and the cases mainly involved
the practical arrangements of meetings. The Act on
the Treatment of Persons in Police Custody entering
into force at the beginning of 2019 will change the
visitation practices of all police prisons so that the
practical arrangements will fall under the responsibility of police prison staff. Partly due to the increased resource need caused by this, the police department is recruiting new guards. Upon the entry
into force of the Act on the Treatment of Persons in
Police Custody at the latest, the police department
will change its visitation practices so that police
prison staff will be responsible for all practical arrangements of visits.
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