Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
In the capacity of the NPM, the Human Rights Ombudsman of the Republic of Slovenia
sent brochures and posters on the PS to all police stations in 2012. In the majority of police
stations, however, they were not to be found.
Documentation
The inspection of documentation showed it to be carefully arranged and organized. When
any irregularities and deficiencies were found, this was pointed out and it was proposed that
individual selected cases of detention being inspected by the NPM should be re-examined
and potentially erroneous data corrected. At the same time, it was also proposed, that police
officers should be warned about greater diligence and accuracy when filling in forms that are
necessary when ordering detention. The Ministry of the Interior always followed the NPM’s
proposals and informed the NPM that police officers were notified about the irregularities
discovered and greater diligence and accuracy when filling out forms and documents was
pointed out to them. It is worth complimenting BPS Gruškovje: there, the exact language,
in which a person was notified about the grounds for the deprivation of liberty and rights,
is stated in the documentation. The practice of writing down the information about any
presence of an interpreter is also noteworthy. An Official Note in a file is an example of good
practice; the form in fact shows that the assistant commander carried out the supervision of
the detention procedure and discovered some minor shortcomings which were written down
in the Official Note from which it was clear that a police officer had already been warned
about the deficiencies discovered (PS Ljutomer).
In spite of the above mentioned, some inconsistencies, inaccuracies and irregularities in
relation to filling in data in documentation where discovered. These are highlighted in the
remainder of this report.
•
It was discovered by the NPM, that, in the case of a procedure regarding one foreign
national, police officers should have treated this foreigner in the same manner as the
remaining five foreigners; pursuant to Article 43, Paragraph 2 of the Police Act, the
said person’s detention should have been ordered upon the specified date and at the
specified time and then had their detention concluded at the hour when the mentioned
person was actually handed over to the Croatian security authority. In the Ministry of
the Interior’s response report it was communicated that, by taking into consideration the
recommendation, the information on detention in the FIO register had been updated by
the police station.
•
Although data regarding the implementation and detention itself are actually recorded
in the FIO register, until a better and more appropriate solution is adopted in this field,
any monitoring should also be recorded in a form which includes an official note on any
detention (PS Črnomelj). The Ministry of the Interior communicated that police officers
in PS Črnomelj had been informed about this.
•
Police officers must be warned about the need for accuracy when filling in official notes
in relation to detention (in PS Murska Sobota, PS Velenje, PS Mozirje, PS Gorišnica),
remand and transfer to foreign security authorities – including in the section referring to
the notification of a person of their rights and the reasons for the deprivation of liberty (in
PS Podlehnik). The Ministry of the Interior communicated that police units (both, police
officers and police commissioners had been warned about the need for consistency and
accuracy in filling in the official documents.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
43
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