Report on the Performance of the Activities of the National Preventive Mechanism for 2019
vulnerable groups, is inadequate, so we recommended that specific identification procedures are
guaranteed, as well as additional training for professional staff. Moreover, at the police stations we
were denied access to data from the MoI Information System on the proceedings towards irregular
migrants, and sometimes even to the cases themselves.
Withholding of information to the Ombudswoman
In performing the mandate of the NPM, the Ombudswoman is authorised under articles 4, 19 and
20 of OPCAT and Art. 3 and 5 of the ANPM to make unannounced visits to places where there are,
or may be, persons deprived of their liberty, and to freely access any data on their treatment, that
is, the treatment of anyone in any kind of detention, custody, or being held under surveillance and
unable to leave of their own volition. This leaves no doubt that this also pertains to visits to PS/BPS,
and access to data on the treatment of irregular migrants held there.
However, since June 2018, the MoI has denied direct access to cases and data on the treatment of
irregular migrants. Thus, as for instance during NPM visits to border police stations, we were denied
access to the MoI Information System, while where individual cases were concerned, the head of the
Police Administration's illegal migrations service explained to us that as the officer in charge of the
cases was on holiday, "all the cases are locked in the cabinet", and neither the assistant to the police
commander nor the head of the illegal migration department were authorised to retrieve them. He
also pointed out that we would have received the individual cases had we announced our visit, even
though Art. 5 of the ANPM and Art. 20 of OPCAT explicitly authorised NPM members to make
30
unannounced visits to bodies or institutions. On the other hand, the cooperation with reception
centres during NPM visits was good, and access to cases and premises was provided, which
highlights the inconsistency of MoI practice.
Data have also been withheld during
investigative
proceedings,
although
under Art. 24 of the Ombudsman Act,
the Ombudswoman is authorised to
request any necessary information, data,
explanations,
acts
and
other
documentation from any state body,
which must fulfil such requests. Such
investigative
proceedings
By arbitrarily and unevenly interpreting the legal
framework regulating the mandate of the
Ombudswoman and the NPM, police officers
overstep their authority and make it impossible
to efficiently fulfil the functions of the NPM and
examine the treatment of irregular migrants.
were
conducted at the border police station, after a report by the Border Violence Monitoring Network
(BVMN) alleging that migrants, and even members of vulnerable groups, were held in a basement
room at the station, where they had no access to a toilet, water or food, and that their right to seek
asylum had been denied. Among them was an underage individual who stated that he had been
held there for more than an hour, beaten with fists and bats, and tazered. At the BPS, the head of
the PA's Illegal migration service did not allow us to inspect all the requested data, stressing at first
that he could not, and then that he would not hand them, but would only allow us to inspect those
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