crossing like in the relevant case) are no longer recorded in the section, ‘Tasks during detention/custody’,
but on the form, ‘Report on the work performed’.89
The MNZ stated that 1) police officers would be reminded of how to correctly enter corrections and
told to be more thorough when completing forms for implementing detention and when entering data
in the record of persons deprived of liberty, and 2) they agreed that it would be more suitable if tasks
involving a detainee after the completed detention (e.g. transport to remand or a border crossing) were
to be recorded on a special form; however, in certain cases, measures against a person whose formal
status as a detained person ceased would still continue, since these measures were causally related to
the detention, and such a practice was assessed as permissible due to a comprehensive overview of the
treatment of the detainee.
Some examples of good practice
We particularly commended PS Brežice for observing the NPM’s previous report and had accordingly
marked that room no. 1 was under video surveillance. During our visit, MNZ posters with the rights of
detained persons in several languages were on the walls in all detention rooms and a suitably marked
collection box (submission of complaints and commendations) was installed at the entrance to the station.
We commended PS Dravograd for renovating the detention rooms, which were unusable during our
previous visit due to a flood, and for printing new MNZ brochures on the rights of detained persons,
which were harmonised with the latest amendments to the ZKP.
When visiting PS Idrija, we commended the observance of our previous report, since bed linen, blankets
and pillows had been put in both detention rooms. The video surveillance system had been repaired
accordingly. A collection box marked ‘Complaints, commendations and anonymous letters’ had been
installed in the hallway near the duty police officer, and a call bell installed in front of the staircase to
assist disabled persons when calling the duty officer.
We commended PS Kranj for implementing our previous recommendations: the tap had been repaired
in detention room no. 1; the intervention vehicle had been aired and suitably cleaned at the time of our
visit, and the book of complaints and commendations installed in a visible place before the window of
the duty officer.
We commended PS Kranjska Gora for observing our previous report. The collection box for anonymous
submission of complaints and commendations had been installed at the entrance to the station and a
parking space arranged for disabled persons.
We particularly commended PS Krško for observing the recommendations from our previous visit, since
the room for receiving detainees had been cleaned and no completed forms necessary for implementing
detention were found there. The room also had a list of lawyers printed on 14 April 2016 and printed MNZ
notifications on the rights of detainees in several languages.
We commended PS Laško upon our visit for realising the NPM’s recommendation from the previous visit
and installing a call bell at the bottom of the staircase leading to the duty officer.
PS Ljubljana Bežigrad had also observed proposals from the NPM’s previous visit and removed one
mattress from each detention room. A collection box marked ‘Anonymous submission of complaints
and commendations’ had been installed on the right side of the entrance to the station, which is
commendable.
PS Ljubljana Šiška received a commendation for realising the recommendation about the functioning
of all light bulbs in the toilets.
89 W
hen reviewing detention (28 October 2016, start of procedure at 15:05 and detention ordered from 15:20 to 19:20 on the basis of paragraph
two of Article 110 of the Minor Offences Act), it was established that the police officer who conducted the detention procedure with the relevant
person had failed to mark on the form for the deprivation of liberty whether it was a detention order or a detention decision. When examining
the section, ‘Tasks during detention/custody’, of the form, ‘Implementation of tasks during detention/custody – official note’, it was established
that the entry in this section continued also after the completion of detention at 17:20, i.e. until 23:10, since police officers had taken the person
to Dolga vas border crossing (measure taken by the court). According to NPM, the entries made by police officers after detention had been
completed, or after the person had been taken before the judge, were not correct on this form, because the person was no longer detained.
144
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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