record of persons deprived of their liberty. According to the MNZ, the provision of reasons for detention
was suitable in the detention order of the concrete case, since it summarised the legal bases for the
detention, and a detailed description of circumstances of committing the offence was evident from the
accusatory instrument.
We proposed to PS Ljubljana Vič that police officers be more thorough when completing the forms
necessary for implementing detention, that they be informed about the possibility of legal aid provided
by the PIC – Legal-Informational Centre for NGOs when processing aliens, and to record on the form,
‘Implementation of tasks during detention/custody – official note’, under the section, ‘Tasks during
detention/custody’ that the person concerned had been informed about the aforementioned possibility
of legal aid.50
The MNZ replied that police officers inform aliens in return procedures about the right to legal aid
provided by NGOs. Police units also have brochures on procedures for returning aliens (which are
translated into nine languages; they would be translated into 17 languages in 2017), which police
officers hand out to aliens. A decision on return is issued to an alien in the return procedure, which also
includes legal instructions on the right to free legal assistance as per paragraph three of Article 64 of the
Aliens Act (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos. 45/14 – official consolidated
text, 90/14, 19/15 and 47/15 – ZZSDT), which is why the MNZ believed that additional recording of the
aforementioned in the official note on the implementation of tasks during detention/custody was
unnecessary and would be an additional administrative burden for police officers.
When visiting PS Maribor I, we discovered an order displayed on the notice board in front of the station
which contained personal data and which had also expired. We proposed that the order be removed.
The MNZ communicated that the order had been removed.
Furthermore, we proposed to PS Maribor I that police officers be more thorough when completing forms
necessary for implementing detention, and the correct procedure for entering corrections in official
forms.51 We also pointed out that duty officers and senior officers responsible for supervising detention
procedures must be more thorough when entering data in the FIO register,52 and that duty police officers
also record data on water provided or offered on the form, ‘Implementation of tasks during detention/
custody – official note’, in cases of short detention.53
The MNZ replied that police officers had been informed about the need to pay more attention to
thoroughness and correct marking of corrections. Duty officers and senior officers must be more
thorough when entering data in the register of persons deprived of liberty, and of the fact that data on
offering or providing water must also be entered in the form, ‘Implementation of tasks during detention/
custody - – official note’.
50 When reviewing detention (16 to 17 November 2016, start of procedure at 23:30 and detention ordered from 23:50 to 10:45 on the basis of
paragraph two of Article 110 of the Minor Offences Act), it was discovered that the section, ‘Person was detained/in custody until ___ hours on
___’ had not been completed on the form, ‘Implementation of tasks during detention/custody – official note’. It was also established that no
entry had been made under the section, ‘Tasks during detention/custody’, between 00:15 and 2:30 as to what was happening to the detained
person. To this finding, the discussion partner explained that another procedure had simultaneously been underway involving the detained
person, i.e. a procedure as per the Aliens Act due to unregulated status or residence. On the basis of the clarification, we conducted a detailed
examination of this case. When examining the documentation, it was established that it was not recorded in any document that the detained
person had been familiarised with the possibility of obtaining legal aid from the PIC – Legal-Informational Centre for NGOs, despite the fact
that a procedure as per the Aliens Act was being conducted against the person due to their unregulated residence status.
51 When reviewing detention (23 January 2016, start of procedure at 1:53 and detention ordered from 1:55 to 8:05 on the basis of paragraph one
of Article 64 of the Police Tasks And Powers Act), it was determined that an incorrect time, “12:00”, had been entered in line six under section,
‘Tasks during detention/custody’, on the form, ‘Implementation of tasks during detention/custody – official note’, since the correct time was
“2:00”. In line 15 under section, ‘Police officer’ of the same form, a correction had been made, i.e. the surname of one police officer had been
crossed out and the surname of another written, whereby the name of the officer who made the correction was not recorded.
52 When reviewing detention (3 to 4 February 2016, start of procedure at 18:15 and detention ordered from 18:25 to 5:10 on the basis of paragraph
two of Article 109 of the Minor Offences Act), it was revealed when examining an extract from the FIO register and later when inspecting the
computer record that the first date had been entered incorrectly, i.e. “3 February 2015”, whereas the correct date was “3 February 2016”.
Following the above finding, the extract from the FIO register was further examined and it was established that the date (year 2015) had been
entered incorrectly in another case, i.e. as “20 February 2015”, although the correct date was “20 February 2016”.
53 When examining documentation on detentions, it was determined that in cases of short detentions and thus related use of rooms for shorter
detention where no running water is available, it was not recorded on the form, ‘Implementation of tasks during detention/custody – official
note’, that a detained person had been offered or given water.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016
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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