Visits in 2016
During its visit, the NPM addressed the police's efforts
to meet the time limit for transferring detainees from
the police custody facility to a prison within two days
of their arrest. It was positive that the number of
breaches of the time limit seemed to be decreasing.
Long-term stays in the custody facility had been
reduced because it was decided more often to release
detainees. At the same time, it gave cause for concern
that so many detainees still spent more than two days
in the custody facility. There is therefore a need to
intensify the work on preventing breaches of the time
limit, especially in cases involving foreign nationals,
where breaches occur more frequently.
The police practice is that detainees are routinely
escorted to the municipal accident and emergency
department. It was positive that the police had a
low threshold for contacting the health service. The
challenge was that medical personnel were asked to
confirm that the person in question could be placed
in custody, and that, in practice, the doctors approved
the stay by signing a form. This practice seems
questionable from a medical ethics perspective, and
it may undermine the relationship of trust between
patients and medical personnel and reduce the
quality of the health services provided. The role of
health personnel is exclusively to treat the detainee
as a patient.
The custody log did not adequately document whether measures had been implemented to prevent torture
and ill-treatment, such as information about rights on
admission, the possibility of notifying next of kin and
contacting a defence counsel. The custody log did
not provide sufficient documentation of the police's
efforts to prevent breaches of the time limit, of the
carrying out of supervisory activities or individual
assessments of the need for solitary confinement.
43
The inspection revealed that the cells in the custody
facility were poorly suited to treating detainees
humanely. The fact that some of the cells were very
small and that they neither had access to daylight
nor a clock gave particular cause for concern. Three
of the cells that were inspected were between four
and five square metres in size. Using such small cells
for detention overnight appears to be an unfortunate
practice.
After the visit
The police have changed a number of procedures at
the police custody facility, and, among other things,
have introduced better procedures for recording
information in the custody log. The police have
also introduced a new practice of two-step body
searches where full removal of clothing is required.
The Ombudsman has also noted the inclusion of a
new point in the special instructions highlighting the
importance of implementing measures to prevent the
harmful effects of isolation.
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