52 theme for 2016: information about rights of those deprived of their liberty Information about rights A basic prerequisite, for an individual deprived of their liberty, to be able to exercise their rights, is that he or she is informed of their rights. This could, for example, concern the right to be allowed to speak to his or her defence counsel and the right to an interpreter. This could also involve access to medical care. It is particularly important that individuals placed in police custody are given the correct information. It is often the case that the individuals find themselves in a vulnerable position which means that they find it difficult to exercise their rights. Moreover, it may be that individuals placed in custody never have experienced this before. This makes it particularly important for persons taken into police custody to be informed of their rights, and to ensure that they have understood the information given to them. From October 2011 to June 2013, inspections were carried out at 29 police custody facilities. During the inspections, deficiencies in the information given to individuals deprived of their liberty were noted and an initiative launched. In its decision, the Parliamentary Ombudsmen emphasises the importance of such information being provided and there being uniform procedures for this.1 The preliminary investigation was changed in 2014 and now states that information for individuals taken into custody and on remand must be in writing. In 2016, information to detainees regarding their rights was the unit���s main focus. During the year, inspections were carried out at 15 police custody facilities. It is essential that there are procedures for informing detainees about their rights, at locations where persons are deprived of their liberty. Inspections were carried out at remand prisons, detention centres and places for compulsory psychiatric care. The operations all abide the same regulations on providing individuals deprived of their liberty with information on their rights. Police custody facilities In police custody facilities, it was noted that only in exceptional cases a record was made of providing or not providing written information to those arrested and in custody, pursuant to the Care of Intoxicated Persons Act. As a general rule, the Police Authority must give everyone taken into police custody information about their rights and obligations and it must be documented that such information has been provided. Detainees must also be given the opportunity to inform relatives of where they are. The detainee must be informed of this option. If the detainee cannot personally make this contact, he or she must be asked whether the police should provide this information. These measures must also be registered. 1 JO 2014/15 p. 104, Ref. no. 2572-2013

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