Slovak Republic: Police structure from local to national levels; instances of police refusing to file or investigate a complaint of a crime, including recourse available to the victim; whether a copy of a police complaint or report is provided to the victim (2013-March 2014)

1. Police Structure

According to a profile of the Slovak Republic published on the website of the Organization for Security and Co-operation in Europe (OSCE), the national police force is the main law enforcement body, and is subordinate to the Ministry of Interior (OSCE 19 Nov. 2006). The US Department of State's Country Reports on Human Rights Practices for 2013 indicates that the national police force is responsible for internal and border security and reports to the Ministry of Interior (US 27 Feb. 2014, 3). Country Reports 2013 further states that the "head of the police force reports directly to the Ministry of Interior, [which] has the authority to expel any member of the police" (ibid.). The national police has the following special units that report to other authorities:

Local Police reports to local governments;

Railway Police to Ministry of Traffic;

Military Police to Ministry of Defence;

Customs Authority to Ministry of Finance; and

Corps of Prison and Court Guards to Ministry of Justice (OSCE 19 Nov. 2006).

The OSCE notes that the Slovak national police has representation in eight regions (Bratislava, Trnava, Nitra, Trencín, Zilina, Banska Bystrica, Presov and Kosice) and 79 districts (ibid.). The OSCE website provides the organizational chart of the Slovak national police (Slovakia n.d.b). A copy of the chart is attached to this Response. The website of the Interpol National Central Bureau for the Slovak Republic provides an organizational structure of the Presidium of the Slovak police force (ibid. n.d.a). A copy of the organizational structure is attached to this Response.

2. Procedures for Reporting a Crime

In a telephone interview with the Research Directorate, a representative of the Open Society Foundation (OSF) in Bratislava, a globally networked NGO that "creates opportunities for people to improve society" and focuses on grant programs and policy areas such as education, law and good public governance, among others (OSF n.d.), stated that a criminal complaint can be filed in person; the "complainant can call, e-mail or fax the complaint, but [he or she] must go in to the station to sign the complaint within three days" (ibid. 27 Mar. 2014).

In correspondence with the Research Directorate, a representative of the Public Defender of Rights Office, the "independent body" of the government that investigates complaints made "in relation to the activities, decision-making or inactivity of a public administration body," explained that the

[p]rocedure for reporting a crime is regulated by [paragraph] 196 and subsequent [paragraphs]. According to the Act on Criminal Procedure, information indicating the commission of a criminal offence shall be reported to a prosecutor (the Prosecutor's Office of the Slovak Republic protects rights and the legally protected interests of natural and legal persons and the state) or police authority. Where such information needs to be completed, the prosecutor or the police authority shall complete the information through further hearing or request of written evidence form the person who submitted information or from the aggrieved person, with the aim to decide on the issue within 30 days. If there is no reason to commence prosecution the prosecutor, or police authority shall issue a resolution whereby the matter

shall be referred to the competent body for proceeding on a misdemeanour or other administrative offence,

shall be referred to another body for disciplinary proceedings,

shall be dismissed. (Slovakia 31 Mar. 2014)

Both sources indicated that procedures for reporting a crime to the police are the same throughout the country (ibid.; Slovakia 31 Mar. 2014). For more information on how to obtain a police report, please refer to SVK103775.

3. Copies of the Report

According to the representative of the Public Defender of Rights Office, a police report issued by police authority or a resolution issued by the prosecutor should be given to the person who filed the complaint and to the aggrieved person (Slovakia 31 Mar. 2014). However, in contrast, the representative of the OSF stated that

[c]opies of the police reports are not provided to victims or witnesses, but the complainant can ask for a copy through a lawyer.

If the person does not have legal representation, the police may refuse to give a copy of the police report. (OSF 27 Mar. 2014)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Instances of Police Refusing to File or Investigate a Complaint of a Crime, including Recourse Available to the Victim

The representative of the OSF indicated that any individual can report a crime to the police and the "police cannot refuse to file a complaint" (OSF 27 Mar. 2014). According to the representative of the OSF,

[i]t is compulsory for the police to look into each complaint. They will then decide whether to bring the case forward for prosecution. The police can refuse to bring cases forward after looking into them if evidence is weak or insufficient. (ibid.)

The representative of the Public Defender of Rights Office similarly stated that, according to Code of Criminal procedures (Act No. 301/2005), the

police cannot refuse to file a complaint or to investigate a case. [They] can only decide that the case shall be dismissed in case there is no reason to commence prosecution. If this is the case, a person can complain to the superior police officer, or in the case of reporting a crime, the person can appeal to the Prosecutor general office or to the court. Another option is to file a complaint to the Public Defender of Rights as independent body of the Slovak Republic protecting basic rights and freedoms of natural and legal persons in proceedings before public administration bodies and other bodies of public authority (if their conduct, decision-making, or inaction, is in conflict with the legal order). (Slovakia 31 Mar. 2014)

However, in contrast, the representative of the OSF noted that,

[a]ccording to unofficial information, vulnerable groups including Roma, single women, long-term unemployed and other lower socio-economic groups, sometimes have difficulty having the police take their claims seriously. ... Based on unofficial information, this has been a problem at the local and regional level. (OSF 27 Mar. 2014)

The representative further stated that

[t]here are internal complaints mechanisms within the Ministry of Interior, which is part of the same institution as the police. People can make a complaint at a higher level. Roma don't use this individually, but activists or NGOs sometimes file cases. Very poor people are generally not aware of these procedures or aware of their rights. The legal framework is in place but there are still problems with the application of the law and awareness of rights. (ibid.)

The concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), reporting on Slovakia, notes that there are instances of "police brutality against persons belonging to minority groups, particularly Roma," and emphasizes their concern at reported "deficiencies during the investigation of ill-treatment of minorities by police" and that "racial motives are not always taken into account" during such investigations (UN 17 Apr. 2013). Country Reports 2013 similarly states that, according to NGOs and members of the Romani community, police officers continued to mistreat Romani suspects during arrest and while in custody (US 27 Feb. 2014, 2). For more information on police treatment of Roma, please refer to SVK104113.

Country Reports 2013 states that the Bureau of Inspection Service of the Police Force, headed by a director who reports to the Minister of Interior, is responsible for investigating police abuses (ibid., 13). According to the report, the "inspection service, the police corps, the police department's organized crime unit, and individual citizens, among others, may initiate cases" (ibid.). According to the CERD report, the Control and Inspection Service Section is responsible for investigating criminal activity by police officers, and falls under the Ministry of Interior, noting the "absence of an independent body to monitor and prosecute" alleged incidents of police brutality involving minorities (UN 17 Apr. 2013). According to a 2012 report on corruption in Visegrad countries produced by Transparency International, in Slovakia, "the absence of an independent body dealing with complaints against members of the Police Force does not allow for full control of the Force"; the report describes the police as one of the "weakest institutions in Slovakia" (2012, 22-23). For more information on procedures to file a complaint against a member of the police force, please refer to SVK104115.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Open Society Foundation (OSF), Bratislava. 27 March 2014. Telephone interview with a representative.

_____. N.d. "About Us." [Accessed 1 Apr. 2014]

Organization for Security and Co-operation in Europe (OSCE). 19 November 2006. [Accessed 28 Mar. 2014]

Slovakia. 31 March 2014. Public Defender of Rights. Correspondence from a representative to the Research Directorate.

_____. N.d.a. "Presidium of the Police Force." [Accessed 20 Mar. 2014]

_____. N.d.b. "PJ System Slovakia." [Accessed 20 Mar. 2014]

Transparency International. 2012. "Corruption Risks in the Visegrad Countries." [Accessed 1 Apr. 2014]

United Nations (UN). 17 April 2013. Committee on the Elimination of Racial Discrimination (CERD). Concluding Observations on the Ninth and Tenth Periodic Reports of Slovakia, Adopted by the Committee at its Eighty Second Session (11 February - 1 March 2013). [Accessed 20 Mar. 2014]

United States (US). 27 February 2014. Department of State. "Slovakia." Country Reports on Human Rights Practices for 2013. [Accessed 1 Apr. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following individuals and organizations were unsuccessful within the time constraints of this Response: Canada - Office of the Embassy of Canada to Slovakia in Bratislava; Centre for Civil and Human Rights in Kosice; criminal lawyers in the Slovak Republic; Slovak Republic - General Prosecutor's Office, Ministry of Justice, Police Departments in Slovakia, Slovak National Centre for Human Rights.

A representative of the Embassy of the Slovak Republic in Ottawa was unable to provide information within the time constraints of this Response.

Internet sites, including: Amnesty International; Centre for Civil and Human Rights in Kosice; Council of Europe; ecoi.net; European Commission; European Commission against Racism and Intolerance; European Court of Human Rights; Europol; Factiva; Freedom House; HG.org; Human Rights Watch; Interpol; Lawfirmslawyers.eu; Slovak Bar Association; Slovak Republic - Embassy of the Slovak Republic in Ottawa, General Prosecutor's Office, Government of Slovak Republic, Ministry of Interior, Ministry of Foreign and European Affairs, Ministry of Justice, Public Defender of Rights; The Slovak Spectator; United Nationas - Refworld; United States - Embassy of the United States in Bratislava.

Attachments

1. Slovakia. N.d.a. "Presidium of the Police Force." [Accessed 20 Mar. 2014]

2. _____. N.d.b. "PJ System Slovakia." [Accessed 20 Mar. 2014]