Report on the Performance of Activities of the National Preventive Mechanism for 2017
a special ordinance, as is the case in terms of treatment of the arrested or detained persons. In this way,
confined persons would have the same rights as those who are arrested or detained. In addition, this
would decrease the risk of police officers making arbitrary decisions.
Foreign citizens have to be provided with interpretation during the arrest and the relevant consulate /
embassy has to be informed about the arrest. On the other hand, letters of rights informing the arrested
person about his/her rights often lack the interpreter’s signature, which makes it difficult to determine
whether interpretation was provided and whether, in line with the request, the consulate/embassy was
informed about the case.
To prevent situations in which provision
of sufficient meals for the arrested
persons depends on police officers’
estimates only, it is necessary to
regulate the provision stipulating their
right to an appropriate number of
meals during deprivation of liberty, in
the same way as enjoyed by detainees.
In terms of meals provision, different treatments of
arrested persons as opposed to detainees have been
recorded. In accordance with the Ordinance, a detainee
is entitled to a minimum of three meals a day, of which
one must be a full meal. Quite the opposite is true: the
number of meals provided to an arrested person
depends on the time since the last meal was consumed
and the arrest time. To prevent situations in which
provision of sufficient meals for the arrested persons depends on police officers’ estimates only, it is
necessary to regulate the provision stipulating their right to an appropriate number of meals during
deprivation of liberty.
Records on use of means of coercion were inspected during the visits and the evaluation of their
justifiability was requested. The findings have shown that, in some cases, the evaluations were made
after the expiry of the set deadline of 24 hours from the submission of a written report.
Despite earlier recommendations issued to the Ministry of Interior, detention supervisors still perform
the tasks of officials of the operations and communications centre, which is not good, because
performance of two tasks can result in overburdening them. In accordance with the Ordinance, a
detention supervisor is in charge of correct implementation of regulations on treatment of detained
persons and must warn them of their rights and duties. Since detention units do not have detention
supervisors who would be entrusted with these tasks only, it is not clear whether they can monitor how
detained persons are being treated. Furthermore, since the Ordinance does not prescribe possible
delegation of responsibilities to other police officers, it is questionable whether they can implement the
Ordinance in full and monitor treatment of detained persons because it may pose a risk of inhuman
and degrading treatment.
1.2.3. Assessment of the status of respect of rights of persons deprived of their liberty
in the police system
In 2017, the system of civic supervision of police work was not established since commissions to handle
citizens’ complaints had not been formed in the Ministry of Interior (MoI) and police directorates
because of insufficient applicants at two public calls organized for this purpose. This type of civic
supervision is important because it gives opportunities to citizens to have their complaints examined
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