Report on the Performance of the Activities of the National Preventive Mechanism for 2019
offence, and which are therefore prosecuted ex officio, in order to examine the allegations in the
complaints against the police, the role of two-stage internal control is important.
The first examination, conducted by the County Police Administration, undoubtedly has to involve
questioning all parties and impartial witnesses, in order to come to an objective and founded
assessment, while the second is conducted by the Internal Control Department based on further
complaints. The aim of the examination is to establish facts in an impartial manner, as this is the only
way to undertake appropriate measures and give the complainants argumented feedback. However,
we received a complaint from a citizen who had previously contacted the Internal Control
Department about disproportionate use of means of coercion and denial of rights during detention
at a police station, as well as about the manner the CPA reviewed the allegations – not taking her
statement, nor informing her about the option of submitting an objection. In spite of the CPA's
answer, that there was no need to take her statement as it had been contained in her complaint, the
objective of ascertaining facts in an impartial manner demands that all parties and impartial witnesses
be interviewed, and citizens acquainted with the right to submit an objection, granted them by the
Law.
We also received a complaint by a citizen
alleging
that
police
officers
applied
physical force and means of restraint to
take him in to the police station for riding
According to complaints, overstepping the use of
means of coercion is most frequent in arrests and
overcoming resistance. According to the ECtHR, in
such cases an effective and independent
his bike carelessly, while he claims that he
investigation has to be conducted, with the role of
merely warned the police officers, who
the state attorney's office particularly important, as
were wearing plain clothes, and in an
it has to examine all the allegations and determine
unmarked vehicle, that they had passed a
whether an investigation should be initiated.
red light, and that they acted as they did
solely because they could not bear his reaction. Had the reason for their action truly been reckless
cycling, he should have been charged with a violation of the Road Safety Act. Instead, proceedings
under the Misdemeanors Against Public Order and Peace Act were initiated against him, due to his
reaction to the unprofessional conduct, as well as proceedings under the Identity Cards Act, giving
the impression that they were in fact initiated in order to justify the fact that such conduct by police
officers even took place. In this case, disciplinary proceedings were initiated against the police officers
over the disproportionate use of means of coercion, but it remains unclear what was the initial reason
for their actions, which resulted in depriving a person of liberty. We therefore referred the citizen to
a state's attorney, to assess whether the police actions could be considered to have constituted a
criminal offence.
Despite our recommendation to the Ministry of the Interior and the Police Directorate in the 2018
Report, that, in line with the Criminal Procedure Act (CPA), all reports of criminal offences be referred
to the State Attorney's Office, to assess whether they constitute crimes to be prosecuted ex officio,
citizens continue to indicate that police officers refuse to receive reports of criminal offences,
claiming the acts in question were not prosecuted ex officio, or even that they did not constitute
15
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