1.5 The visits to police stations Toilets The toilets were adequately arranged: there was typically a toilet bowl in the rooms for longer periods of detention and a squat toilet with flush operation in the rooms for shorter periods of detention. Video- and audio-surveillance The Rules on police powers (Ur. l. RS, no. 40/06 and 56/08; hereinafter: Rules) specify that police officers implementing the detention have to ensure the safety of the detained person from the moment of his/ her placement in the detention room until his/her release. According to these Rules, the police officer may use devices for audio and video signal transmission to supervise detained persons. The use of these devices must be visibly marked in the room. The Rules clearly specify that surveillance using technical means does not exclude direct physical surveillance. Therefore, video-surveillance is only used as a tool to help the officer with the direct supervision of the detained person. In any case it must be adapted to the circumstances of an individual case. Special care must be taken in monitoring a detained person who shows a tendency to self-harm or threatens to self-harm himself/herself. This is also highlighted in the Guidelines for the implementation of police powers, which additionally determine that in such cases the police officer is to immediately consult the on-call doctor or implement other measures to calm or prevent such behaviours. All of this was evidently taken into account by the Standards on the Construction, Adaptation and Equipment of Detention Rooms no. 2152-1-31/500359-2 of 30 September 2002, as they set out that the video-camera is to be installed on a ceiling or on a place out of reach, so that the entire room is supervised, with the exception of the sanitary annexe. The detention rooms of PSs are equipped with video-surveillance systems and a call bell (linked with the room of the duty police officer) which is marked with a notice (a label) about the audio device and video-surveillance system. The NPM only pointed out a deficiency in Ljubljana Center PS and Brežice PS, namely, that the room no. 1 is not marked (with a label), that the room has video-surveillance so as to ensure the compliance with paragraph 2 of Article 74 of the Personal Data Protection Act (Ur. l. RS, No. 94/07 – official consolidated text). During the examination of the video-surveillance system of the detention rooms it was established that the system was correctly installed, since it does not cover the sanitary annexe. In this regard, the NPM commended the Celje PS and Ravne na Koroškem PS, as they considered the recommendation of the NPM from the previous visit, as this time the part of the video-surveillance system, which would otherwise also cover the sanitary annexe of detention rooms, was covered. In relation to video-surveillance, the surveillance of the reception area of detained persons needs to be mentioned. The majority of areas in police stations intended for the admission of detained persons (except Tržič PS) were not under video-surveillance, neither was there an audio device. In such cases, it is the opinion of the NPM, that this was a deficiency since potential statements made by detained or held persons in regard to improper treatment by officials could not be verified. As a result, the NPM proposed to Radlje ob Dravi PS, Dravograd PS, Kranjska Gora PS, Brežice PS, Slovenske Konjice PS, where the reception area for the admittance of detained persons was not under a video-surveillance system, that they eliminate this deficiency since during its visit to Slovenia even the European Committee for the Prevention of Torture, Cruel, Inhuman or Degrading Treatment of Punishment (CPT) urged that Slovenia adopt measures to provide for regular use of electronic equipment for recording police procedures. As warned by the CPT, the electronic recording (audio and/or video) of police interviews is an important additional safeguard against the bad treatment of detained persons and it could provide for a perfect and authentic record of an interview procedure which makes the investigation of any claims regarding bad treatment significantly easier. This is therefore in the interest of persons who were supposedly treated badly by the Police as well as police officers in cases of unjustified claims that they have been involved in bad treatment. The electronic recording of police interviews also reduces the possibility for the detained person to later falsely deny that they have made any statements. The Ministry of the Interior notified the NPM in this regard (Brežice PS, Kranjska Gora PS) that the case was registered and will be realised, so far as the expansion and upgrading of existing video-surveillance system is possible within the scope of the maintenance of the premises of the Police and the available financial resources. With regard to Radlje ob Dravi PS, the NPM was informed that the execution of the abovementioned subject depends upon the financial resources and, with regard to Dravograd PS, that no funds are available at this time. With regard to Slovenske Konjice PS, the Ministry of the Interior also informed the NPM that the options of the installation of the video-surveillance system or the appropriate window on the door of the room for interviews with the detained person will be examined within the scope of the available financial resources. IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2013 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 101

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