|Abstract:||Detention is one of police powers, which seriously violates human rights and fundamental liberties in respect to deprivation of liberty.
The paper outlines and presents records on police detention, in which suspects were detained by the police under certain conditions. We determined that detention is regulated by five different laws, related to diverse fields of work of the police, while the exercise of the power itself is determined in more detail in statutory instruments. The paper shows that, when exercising such a serious power, the police must consider many obligations arising from the legislation, while at the same time respecting human rights and instructions given by the police to its employees. Any deviations from the said instructions result in several types of inappropriate measures and offences committed by the police employee, while the human rights of the individual, subject to this procedure, may be violated. There are several types of detention, which differ in respect to different conditions for the exercise of this power, measures to be implemented, permissible duration and the implementation of the said power.
As a national organ with many powers, which can be used to violate the rights of individuals, the police is subject to several forms of internal and external control. We stressed the necessity of judicial control over police detention as well as we highlighted the importance of an integrated external control, established by Ombudsman in the context of the national preventive mechanism and each individual through the existing complaint procedure system.
The control, which only points to inappropriate measures and does not prevent any further unlawful conduct, cannot guarantee a directed and lasting respect of all fundamental rights and liberties in the event of police detention.
Entrusted by the state with the exercise of such a power under strict conditions, police officers must be aware of how important and necessary it is to respect human rights, the exceptional nature of each procedure and the needs of the individual, subject to such a procedure.|