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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents