Report on the Performance of Activities of the National Preventive Mechanism for 2017 Authorities (APDA) and Ordinance on Conduct of Police Officers with a special emphasis on treatment of vulnerable groups, including persons with mental disorders, to minimize interference with their freedoms and rights. Even though the APDA prescribes special treatment of persons with mental disorders and even though the Ordinance on Arrest and Treatment of Arrested Person and Detainee allows for administration of ongoing therapy even before a person is detained, contrary practices have been recorded. In one case, a person was deprived of the ongoing therapy, which led to exacerbation of medical problems. On the other hand, in line with the ECHR decision Rupa v. Romania (2008), if a person’s health condition gets worse after a medical examination conducted by a GP, a psychiatric examination must be provided for in order to assess whether the person’s mental condition is compatible with detention. The UN’s Code of Conduct for Law Enforcement Officials makes reference to special measures to secure medical attention in order to ensure full protection of persons in detention. Taking into consideration the importance of psychiatric examination to assess whether a person with mental disorders may be arrested and kept in a police station and our recommendations, the Keeping people inside a police van at outside temperatures of 39.4°C, without proper ventilation or water, represents a form of degrading treatment. Transport vans may be used for their primary purpose, i.e. transport from the place where persons deprived of liberty are being kept, rather than for detention purposes. Ministry of Interior has launched the initiative to introduce amendments to the Ordinance on Arrest and Treatment of Arrested Person and Detainee. In one case, although - according to complaints filed by citizens - police officers put citizens’ lives, health, dignity and honour in danger during an eviction procedure, the Police Directorate concluded that use of means of coercion was lawful and justified. Also, keeping people inside a police van at outside temperatures of 39.4°C, without proper ventilation or water, represents a form of degrading treatment. Transport vans may be used for their primary purpose, i.e. transport from the place where persons deprived of liberty are being confined, rather than for confinement purposes. Nevertheless, while acting on a complaint about police treatment while providing assistance to a courtappointed executant, we have established that officers had not paid special attention to protect dignity of the affected person, and our warnings and recommendations have prompted the head of the General Police Directorate to issue an order to all police directorates regarding consistent compliance with and respect for provisions of the APDA and Ordinance on Conduct of Police Officers addressing appropriate treatment of citizens. This is a good example of cooperation between the Ministry of Interior and the Office of the Ombudswoman that should bring about fewer breaches of citizens’ human rights, especially the most vulnerable groups. Allegations about inappropriate police treatment could not have been confirmed in some investigative procedures carried out in 2017, since video surveillance was not installed in all premises in which persons deprived of liberty were accommodated or located. In some cases, the footage was kept for a short period which did not provide for establishment of facts. For that reason, by allowing for complaints to 23

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