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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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