We proposed to PS Slovenske Konjice that police officers be informed about correctly entering corrections
in documents necessary for implementing detention;72 that police officers regularly observe changes to
the forms necessary for implementing detention, particularly in the case of amendments to legal bases,
and that the police station management ensure that all police officers destroy old and invalid forms,73
and that police officers consistently record all tasks involving a detained person during detention (e.g.
interviewing, forensic research, etc.).74
The MNZ replied that all police officers had been reminded about correctly entering corrections in
detention documents, the use of valid forms and destruction of old forms, and the consistent recording
of all tasks involving detainees.
We proposed to PS Šentjernej that the management of the police station inform its police officers that the
time of the start of procedure and of ordering detention must be harmonised in the FIO register and on
official forms necessary for implementing detention (in this case in the form, ‘Detention order’), and that
police officers be thorough when completing the forms necessary for implementing detention, particularly
the need to record all tasks involving the detainee (e.g. use of coercive measures, transport to the central
PS or PS where detention would be implemented, seizure of items from the detainee etc.).75
The MNZ stated that, in spite of the proposal, the management of the relevant PS thought that additional
entry of data on the use of coercive measures in the ‘Implementation of tasks during detention/custody
– official note’ would unduly increase the administrative burden of police officers, since they already
enter this information in a special official note on the basis of Article 131 of the Police Tasks And Powers
Act. The police officers were reminded to be more thorough when completing forms regarding detention
(consistent recording of activities involving a detained person and accurate time of implementation,
correct entry of corrections, thorough completion of documents and entry of data in the record of
persons deprived of liberty, the use of valid forms, recording of the location of detention, consistent
seizure of items suitable for assault or self-harm).
We proposed to PS Šentjur pri Celju that duty officers be more thorough when recording tasks involving
a detained person during the detention procedure;76 that police officers correctly enter corrections in
official forms necessary for implementing detention,77 and that police officers pay attention to the
replacement of forms and thus related use of valid (new) forms necessary for implementing detention.78
72 When reviewing detention (4 November 2016, start of procedure at 14:35 and detention ordered from 14:48 to 23:45 on the basis of Article 24 of
the Road Traffic Rules Act), it was determined that corrections to times had been made under the section, ‘Tasks during detention/custody’, in
form, ‘Implementation of tasks during detention/custody – official note’; however, it was not recorded who had done the corrections. It was also
established that a correction to the date had been made, but who had made the correction was not recorded.
73 When reviewing detention (4 to 5 August 2016, start of procedure and detention ordered from 11:40 to 12:30 on the basis of paragraph two of
Article 157 of the Criminal Procedure Act), it was determined when inspecting the form, ‘Implementation of tasks during detention/custody –
official note’, that the police officer had used an old (invalid) form where “Articles 38 and 41 of the ZPol”, i.e. the Police Act, were given as legal
basis for implementing a security search of the detainee.
74 There were no entries in the section, ‘Tasks during detention/custody’ between 13:50 and 20.30 on 4 November 2016 about what was happening
to the detained person or where they were during the relevant time.
75 When reviewing detention (12 to 13 September 2016, start of procedure at 22:44 and detention ordered from 22:45 to 9:05 on the basis of
paragraph two of Article 109 of the Minor Offences Act), it was determined that the time of the start of the procedure and that of ordering
detention was the same in the Detention order, i.e. 22:45, not 22:44 as recorded in the FIO register. Regarding these findings, the deputy
commander explained that he had corrected the time when the procedure started to 22:44 in the FIO register at a later time because the system
was reporting an error when he was entering data.
In the same case, it was also determined that the police officer had used coercive measures on the detainee (instruments of constraint and
mechanical restraint); however, this task had not been recorded in the section, ‘Tasks during detention/custody’, of the form, ‘Implementation
of tasks during detention/custody – official note’.
When reviewing detention (27 March 2016, start of procedure at 14:28 and detention ordered from 14:40 to 22:35 on the basis of Article 24 of
the Road Traffic Rules Act), it was established that the section, ‘Tasks during detention/custody’, of the form, ‘Implementation of tasks during
detention/custody – official note’ had not been completed properly, since it was not clear at which PS the detention actually took place, and it
was also not recorded that coercive measures had been used against the person or that items had been seized from the detainee etc.
76 When examining the form, ‘Implementation of tasks during detention/custody – official note’, it was established in section, ‘Tasks during
detention/custody’, that tasks involving the detained person had been recorded superficially, or it was only stated that “they drank water”
between 22:10 of 12 March 2016 and 4:20 of 13 March 2016, whereby it was not stated where the person was during that time (e.g. at the scene
of the event, at a PS, at which PS etc.).
77 When reviewing detention (5 to 6 May 2016, start of procedure at 22:43 and detention ordered from 23:00 to 8:40 on the basis of Article 24 of
the Road Traffic Rules Act), it was determined that a correction of time had been made in line one under the section, ‘Tasks during detention/
custody’, in the form, ‘Implementation of tasks during detention/custody – official note’; however, it was not recorded who had made the
correction.
78 When reviewing detention (14 March 2016, start of procedure at 4:50 and detention ordered from 5:10 to 13:10 on the basis of paragraph two of
Article 109 of the Minor Offences Act), it was established that an old form, ‘Implementation of tasks during detention/custody – official note’,
had been used in the detention procedure, which did not include a section on security searches as per paragraph three of Article 66 of the
Police Tasks And Powers Act.
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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