Report on the Performance of the Activities of the National Preventive Mechanism for 2019 offence, and which are therefore prosecuted ex officio, in order to examine the allegations in the complaints against the police, the role of two-stage internal control is important. The first examination, conducted by the County Police Administration, undoubtedly has to involve questioning all parties and impartial witnesses, in order to come to an objective and founded assessment, while the second is conducted by the Internal Control Department based on further complaints. The aim of the examination is to establish facts in an impartial manner, as this is the only way to undertake appropriate measures and give the complainants argumented feedback. However, we received a complaint from a citizen who had previously contacted the Internal Control Department about disproportionate use of means of coercion and denial of rights during detention at a police station, as well as about the manner the CPA reviewed the allegations – not taking her statement, nor informing her about the option of submitting an objection. In spite of the CPA's answer, that there was no need to take her statement as it had been contained in her complaint, the objective of ascertaining facts in an impartial manner demands that all parties and impartial witnesses be interviewed, and citizens acquainted with the right to submit an objection, granted them by the Law. We also received a complaint by a citizen alleging that police officers applied physical force and means of restraint to take him in to the police station for riding According to complaints, overstepping the use of means of coercion is most frequent in arrests and overcoming resistance. According to the ECtHR, in such cases an effective and independent his bike carelessly, while he claims that he investigation has to be conducted, with the role of merely warned the police officers, who the state attorney's office particularly important, as were wearing plain clothes, and in an it has to examine all the allegations and determine unmarked vehicle, that they had passed a whether an investigation should be initiated. red light, and that they acted as they did solely because they could not bear his reaction. Had the reason for their action truly been reckless cycling, he should have been charged with a violation of the Road Safety Act. Instead, proceedings under the Misdemeanors Against Public Order and Peace Act were initiated against him, due to his reaction to the unprofessional conduct, as well as proceedings under the Identity Cards Act, giving the impression that they were in fact initiated in order to justify the fact that such conduct by police officers even took place. In this case, disciplinary proceedings were initiated against the police officers over the disproportionate use of means of coercion, but it remains unclear what was the initial reason for their actions, which resulted in depriving a person of liberty. We therefore referred the citizen to a state's attorney, to assess whether the police actions could be considered to have constituted a criminal offence. Despite our recommendation to the Ministry of the Interior and the Police Directorate in the 2018 Report, that, in line with the Criminal Procedure Act (CPA), all reports of criminal offences be referred to the State Attorney's Office, to assess whether they constitute crimes to be prosecuted ex officio, citizens continue to indicate that police officers refuse to receive reports of criminal offences, claiming the acts in question were not prosecuted ex officio, or even that they did not constitute 15

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