• Keine Ergebnisse gefunden

Comparative chart

COMPARATIVE CHART

Two Phases in 1996 Third Phase in 1997

Non-statutory. Regulatory basis one sentence in Decree of the Minister of Interior on Regulation of Police Jails.

Co-operation agreement between the National Police and

the Hungarian Helsinki Committee.

Circular issued by the Deputy of the National Chief of Police for Public Security

Hungarian Helsinki Committee (HHC) in co-operation with the Constitutional and Legislative Policy Institute (COLPI)

1993 – app. 1995

Non-statutory. National Guidelines drafted by the Police Board Hungary: Police Cell

Monitoring Programme

South Africa:

Community Visiting Schemes

1991

Lay visiting in Northern Ireland functions as in England and Wales, except visitors are not allowed into the holding centres, where persons arrested under the emergency laws are detained

Organised in panels, UK model.

Institutional base was first the Local Community Consultative Committees, later the Community Police Forums

Northern Ireland Lay Visiting Schemes

COMPARATIVE CHART

2. MANDATE

3. COMPOSITION Eligibility

Recruitment

To monitor the welfare and treatment of PACE detainees in police detention;

To examine the conditions of detention in police stations

”Lay people”. No particular professions required

Either recruited from the general public or from the local police authorities. Appointments are by the local Police Authorities (provinces) or the Home Secretary (the MPD)

To monitor the treatment of people detained in police cells;

To advise and inform, spontaneously or on request, the Corps Manageron matters regarding the police cells

Corps Managershould strive for the inclusion of a wide spectrum of relevant skills. In practice this has meant (in Amsterdam) jurists, doctors, pedagogues, teachers

Members appointed and

discharged by the Corps Manager, after consultation with the regional police board. No recruitment directly from the general public

England & Wales Lay Visiting Schemes

Netherlands Committees for the Monitoring of Police Cells

COMPARATIVE CHART

1996: To gather empirical data about the situation of pre-trial detainees in police cells and to compare them with national and international legal standards (fact-finding phase). Geographic limitations.

1997: To monitor conditions of pre-trial detainees (preserving character) and to monitor any changes.

No geographic limitations

Members of the HHC and COLPI.

Particular professions like lawyers, doctors, psychologists, teachers, sociologists or social workers required

HHC designate persons participating as monitors in the program. No recruitment of former employees

of any state organ or local government

To monitor the treatment and conditions of detainees at police stations

”Lay people” of ”good character”, resident in the area served by the police station

In most instances, members nomi-nated or seconded by the PCCG Hungary: Police Cell

Monitoring Programme

South Africa:

Community Visiting Schemes

COMPARATIVE CHART

4. MODALITIES OF VISITS

Access

Access within the premises

Interviews with detainees

At any time without prior announcement

All parts of custody area, cells, detention rooms, medical room (excluding the drugs cabinet), showers and relevant storage areas. Access to files with consent of detainee. Excluded are operational areas

With the prior consent of the detainee; out of hearing but within sight of escorting officer

At any time without prior announcement

Unlimited access to all places in police premises where people are deprived of their liberty, with the exception of places where people are being questioned in the course of a police investigation. Access to files with consent of detainee

With the prior consent of detainee England & Wales Lay

Visiting Schemes

Netherlands Committees for the Monitoring of Police Cells

COMPARATIVE CHART

At any time without prior announcement. In 1996 certain geographic limitations on what counties could be included

Holding and booking areas, cell blocks and cells. With consent, the documents related to the custody of a detainee

With consent of detainee, converse without restriction and control, but under security guard

Visits unannounced

Areas of the police station where persons are detained. A police officer to accompany visitors on visits to cells

With consent of detainee, interview out of hearing, but in sight, of the escorting police officer

Hungary: Police Cell Monitoring Program

South Africa:

Community Visiting Schemes

COMPARATIVE CHART

5. REPORTING

6. FEED-BACK

7. PUBLICITY AND ACCOUNTABILITY

Standard triplicate visit reports:

copies to police station, the chief constable, the Police Authority.

Specific concerns to be raised immediately

Different ways. Mostly feed-back directly from the local Police Commander

Police Authority meetings;

Police/Community Consultative Committees; limited use of media

Written report sent to the head of the inspected station

Once every three months the Committees meet to discuss the reports with the highest police officer, the Deputy Commander

Publication of annual report submitted for discussion during a public meeting of police councils’

committees for police matters England & Wales Lay

Visiting Schemes

Netherlands Committees for the Monitoring of Police Cells

COMPARATIVE CHART

Report on the opinions of the moni-tors expressed at the site sent to the head of the National PHQ, Public Order Department by the head of the branch of service involved with the activities of the HHC

The National Commander in Chief to make observations on the report before its publication

Summary report on the first half year of the programme published by the HHC. Later a comprehen-sive report of the findings published in book form

Standard triplicate reports, submitted to the police officer in charge of the station, to the district commissioner and one copy remaining in the possession of the visitor panel

Feed-back at police-community forum meetings

Reports channelled in verbal or written form to community forum meetings

Hungary: Police Cell Monitoring Programme

South Africa:

Community Visiting Schemes