Report on the Performance of Activities of the National Preventive Mechanism for 2017
even after they have received feedback from the Internal Control Department. The Government Plan
of Legislative Activities for 2018 does not include amendments to the Police Act, which means that the
current method to form commissions, although evidently inefficient, still remains in force. On the other
hand, in order to ensure efficient work of commissions, appropriate conditions for its functioning must
be ensured, including complete autonomy and independence.
According to records of the Ministry of Interior (MoI), of the total number of complaints about police
treatment filed in 2017, 10% were well-founded or partially founded, and applicants objected to 167 of
the non-founded. Since objections are submitted if the applicant is not satisfied with the findings, it is
important to strengthen the internal supervision over police treatment. This type of supervision is carried
out by the Police Directorate and the Internal Control Department.
Once again, the majority of complaints in 2017 addressed the use of means of coercion when exercising
police authority. In that respect, it is important to assess the justifiability and lawfulness thereof in order
to prevent inhuman or degrading treatment. In the case of Bouyid v. Belgium, the ECHR found that
unjustified use of force by police officers represented degrading treatment. That is why video footage
is extremely important because it may help citizens protect themselves from unlawful and unethical
treatment. On the other hand, it may protect police officers from unfounded complaints.
As previously, accommodation conditions
WELL-FOUNDEDNESS OF
COMPLAINTS FILED TO MoI
are not completely in line with prescribed
standards of premises in which persons
71
wellfounded
deprived of liberty are located. Frequently,
they are accommodated in rooms without
288 not
confirmed
access to drinking water, daylight and
ventilation or a lavatory with appropriate
148
partially
founded
hygienic standards. Also, they cannot stay
outdoors. These things represent basic
living conditions that any person deprived
1562 nonfounded
of liberty is entitled to. Any restriction of
access as indicated above may amount to
degrading
treatment.
Plus,
it
may
contribute to onset of a disease. One case
in point remains problematic - after the warnings and recommendations of the Office of the
Ombudswoman, spatial adaptations have been made; yet, the relevant premises still lack access to
drinking water and a lavatory.
Police officers often fail to keep records regarding the time when a person was deprived of liberty or
released in the Order on Accommodation to Separate Room or Arrest Report and this may be
considered violation of citizens’ constitutional rights. Despite earlier recommendations issued to the
Ministry of Interior, detention supervisors still performed the tasks of officials of the operations and
communications centre, which does not contribute to the protection of rights of persons deprived of
liberty.
27
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