1.5 The visits to police stations
•T
he NPM also reminded Kranjska Gora PS to be more accurate in entering confiscated items into the
form of the receipt of confiscated items. The Ministry of the Interior informed the NPM that the police
officers were reminded to be more consistent.
•U
pon the examination of the detention of a foreigner in Radovljica PS, it was established that the
greater part of the form on “the performance of tasks during detention/apprehension - official note”
was changed or only contained data on the detained/apprehended person and the section of the task
during detention and that the sections on “health condition of the detained person, medical attention
and treatment, notification of an advocate, notification of a diplomatic mission or consular post,
notification of relatives, notification of the District Prosecutor’s Office and the investigating judge,
notification of the military police and screening of person” were deleted. For this reason, the NPM
delivered an opinion that such changes to the official form are not appropriate. In relation to the above
mentioned, the Ministry of the Interior stated that the police introduced changes in the recording of
detention to reduce administrative burden and for more efficient use of working time in carrying out
police duties. Two forms were available in that period, among which the officer selected one. With
regard to this, the Ministry of the Interior stated that the officer should register all the particularities
in relation to the enforcement of rights of the detained person, regardless of which form was selected.
•F
urthermore, the NPM also reminded the Radovljica PS that the date entry of the detention order in
the FIO register needs to be corrected and proposed that the police officers and the chiefs that exercise
the supervision with regard to detentions be reminded to be more accurate, when entering detentions
in the FIO register. The Ministry of the Interior informed the NPM that the police units were reminded
to be more accurate and consistent in completing official documents.
•D
uring the inspection of the documentation in Tržič PS, it was established that the time of the detention
order and the time of the notification of the doctor were corrected, and it was not clear who entered
these corrections, therefore the NPM proposed that the police officers be reminded to properly correct
the date in the documents necessary to carry out the detention. The Ministry of the Interior reminded
the police officers to properly correct official documents.
•F
urthermore, when inspecting the documentation of a foreigner in the Brežice PS, the NPM found
that the section, in which the person was informed about their rights included “in a language they
understand”. The NPM is of the opinion that such recording is inappropriate and proposes that the
exact language in which the person was informed about their rights be specified in the future. It was
also established in this case (and in another case in Šentjernej PS) that under the sections of the
detention order on informing the relatives the police officer circled that the detained person did not
demand to inform these persons, while at the same time the date and time were recorded under the
section (evidently the time when the person was informed of this right). The NPM is of the opinion
that such practice is inappropriate and proposes that in case the detained person does not demand
the notification of their relatives, lawyer or employer, diplomatic mission or consular post, these
data not be recorded, since such record would raise doubts whether the detained person demanded
the notification of the above mentioned in spite of this. The Ministry of the interior agreed with the
opinions of the NPM.
•T
he inspection of a person in Brežice PS showed that the official note recorded superficial abrasions on
the outside of the face and visible marks from handcuffs and the person was not examined by a doctor.
The NPM proposes that in such cases a medical examination by a doctor be provided, for this would
also be in the best interest of the police officers, as the injuries resulted from the use of restraints.
Upon the examination of the detention order concerning the same person, it was established that it
was served an hour too late. For this reason, the NPM warned that police officers be accurate when
completing forms, and, above all, that they respect the statutory provisions regarding the time when
a certain document must be served and signed by the person in detention. The Ministry of the Interior
informed the NPM that the management of the police unit reminded the officer responsible and all the
other officers to consistently meet the time limits for serving the prescribed documents to detained
persons, whereas in relation to providing a medical examination the NPM was informed that the police
officer adequately recorded the established injuries of the detained person in the official note and
that no circumstances existed in the case in question, which would indicate that immediate medical
assistance is necessary, neither was it demanded by the person in detention.
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
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