Report on the Performance of Activities of the National Preventive Mechanism for 2016
In 2016, internal oversight system of the Ministry of the Interior recorded 2,311 complaints and
anonymous submissions. It resolved 2,093 cases, out of which 198 were completely or partially
well-founded, which, as in previous years, represents less than 10%. Considering that the
former Commission even in difficult working conditions recorded more than 20% well-founded
complaints and considering their significant number, the need for achieving more efficient
internal oversight, which would result in decisions arising from objective consideration of
complaints, is still present.
In this context, it is necessary to stress the fact that even when an efficient civilian oversight of
the policing system exists, it cannot function as a substitute for judicial control guaranteed by
the Constitution. Police Act prescribes as well that, except for contacting internal police
oversight bodies and the Commission, there are other legal means that citizens may use;
however, they usually claim that they are unfamiliar with what these are. For example, General
Administrative Procedure Act foresees that a person who deems that an action of an
administrative body, on which no decisions are adopted, has violated his or her right or legal
interest, may file a complaint while such action is still ongoing or as long as the consequences
of such action are present. However, Ministry of the Interior does not reach decisions based on
filed complaints, following conducted internal oversight procedures with the results of which
citizens are unsatisfied, whereby it eliminates the possibility of a competent administrative
court deciding upon such cases. This is contrary to expert opinions, according to which conduct
and actions by police officers may be subject to complaints and according to which it is probable
that an increasing number of citizens shall use complaint as remonstrative legal remedy. 1
2.2. Visits to police stations and detention units
In accordance with its competences, with the aim of preventing torture and other cruel,
inhuman or degrading procedures or forms of punishment, in 2016, NPM visited 11 police
stations in Split-Dalmatia County Police Administration and four in Šibenik-Knin County Police
Administration as well as their detention units; in addition, accommodation conditions, records
on persons deprived of their liberty and those regarding use of means of coercion, have been
examined. Encountered persons deprived of their liberty had no complaints regarding their
treatment; however, it was established that accommodation conditions had not been
completely aligned with international standards, which may represent degrading treatment
and which is contrary to Standards of Premises Where Persons Deprived of Their Freedom of
Movement Are Held.
Accommodation conditions
Most detention units do not meet the standards foreseen by the Ordinance on Admission and
Treatment of Arrested and Detained Persons and the Records on Persons Detained in a Police
1
Prof. Ivan Koprić, PhD Fundamentals of the New General Administrative Procedure Act, 2010.
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