Report on the Performance of Activities of the National Preventive Mechanism for 2015
4.2.
Persons deprived of their liberty in police stations and detention units
The exercise of the rights of persons deprived of their liberty in police stations is especially
significant, as indicated also by the recommendations of CAT.
Complaints of excessive use of means of coercion during the time a person is held at a police
station and of the circumstance that in individual cases no reports were filed on the use of
physical force indicate that there may have been cases of possible violation of human rights.
Also, failure to fulfil the requirements prescribed in the Ordinance on Admission and Treatment
of Arrested and Detained Persons and on the Records on Persons Detained in a Police Detention
Unit, as well as those prescribed by the Standards of Rooms Where Persons Deprived of Liberty
Are Held, indicates that there is significant possibility of improving the accommodation
conditions without significant financial investments. In addition to that, accommodation
conditions are an important fact in determining whether there was a violation of Art. 3 of the
European Convention on Human Rights. A violation of privacy and failure to respect the dignity
of persons deprived of their liberty occurs by having video
A violation of privacy and failure
surveillance that also covers sanitary facilities, just like in
to respect the dignity of persons
the situation where in rooms intended for
deprived of their liberty occurs by
accommodation of several persons the sanitary facilities
having video surveillance that
are not separated by a partition. Similarly, direct
also covers sanitary facilities, just
availability of drinking water and use of sanitary facilities
like in the situation where in
inside the rooms would prevent the prisoners being
rooms intended for
dependent on police officers and it would prevent the
accommodation of several
possibility of unprofessional treatment, while removal of
persons the sanitary facilities are
ceramic tiles (to prevent their breakage and prisoners’
not separated by a partition.
self-injuries inflicted by using the broken tile pieces) and
use of adequate materials instead would result in a higher level of security. In most visited
police detention units there is no specially designated area for the persons deprived of their
liberty to stay in fresh air if they are held there for a longer period of time.
During the visits of the NPM, certain inconsistent treatments were found. Specifically, in some
police stations records on total number of persons deprived of their liberty are kept only in
electronic form, and in such a way that it is not possible to conclude whether the person has
been informed of his/her rights. Considering that this information can only be checked by
examining the individual case file, which can only be done during regular working hours of the
station, this indirectly disables the performance of the tasks of the NPM.
The existence of an impartial investigation in situations when there are justified reasons to
suspect that the rights of a person deprived of liberty have been violated is still in question, as
well as the possibility of public verification of the investigation and efficient access of the
complainant to the investigation procedure. In the case of Mafalani vs. Croatia (2015), the ECHR
ruled that state authorities were obligated to conduct, at their own initiative, an efficient and
independent investigation at all times when the medical records lead to the conclusion that the
person had suffered injuries during arrest. In accordance with the ECHR case law, it is not
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