FACTSHEET the right to privacy needs to be safeguarded when detainees use the toilets, showers and wash basins. Detainees should be clearly informed about what is recorded by CCTV in the cell (eg. the toilet area may in fact appear blurred on the screen but detainees may not be informed of this by the police). Some monitoring bodies have argued for the removal of ‘blind spots’ in CCTV coverage, such as the toilet area, in order to prevent suicides. At the same time, prevention of such risks has to be constantly weighed against the protection of detainees’ dignity. Authorities sometimes argue that CCTV in toilet areas is needed to stop detainees from flushing drugs away. To ensure confidential and privileged communications, places where meetings with lawyers as well as medical examinations take place should not be video- recorded. The legitimacy of video recording other specific locations on police premises is also subject to debate. For example, CCTV may appear to safeguard against abuse in rooms where strip searches take place, but at the same time, due consideration should be given to the protection of a person’s privacy and dignity.7 CCTV recording of cells to purposely prevent suicide attempts should not replace staff physically checking the situation of the persons concerned on a regular basis. Where police stations have so-called ‘sobering-up cells’, video-recording may also be two-edged. On the one hand, it can help prevent incidents or even deaths; on the other, the use of CCTV in such situations can infringe the right to privacy of a person who is not only in a position of vulnerability, but in most cases not being held in the police station for having committed an offence. In any case, a regular round by police officers will be more effective at preventing incidents than CCTV monitoring alone, as images never fully reflect what is happening in the place being recorded. [A]lthough the CCTV surveillance of the “ rooms at the stations improves the safety of persons staying therein and helps prevent extraordinary incidents, it also limits the constitutionally protected right to privacy, which may be limited only by means of an act of law. 8 ” (Polish National Preventive Mechanism) To protect detainees’ right to privacy it is also important that any video screen transmitting images is not visible to members of the general public entering the police station or to persons being processed (ie. if monitoring screens are located at reception, they should be hidden from public view). In order to protect those in custody as well as police officers from false allegations of ill-treatment, it is crucial that video cameras are placed in rooms where interrogations take place and that there should be no ‘blind spots’ where abuse can take place unrecorded. If there is only one camera in the room, it should be possible to rotate it or to increase the viewing field so that the camera provides an image of the entire room, and of all persons present at the time of the interrogation. There is a risk that threatening gestures towards the person being interrogated go unnoticed if the camera is fixed and its field does not cover the entire room.9 It is also crucial that the quality of the image is good enough to ensure that persons filmed can be identified. Lastly, when forced deportations of rejected asylum seekers are carried out by law enforcement agencies, video-recording can contribute to preventing abuse, as recommended by the CPT:10 Deportation operations must be carefully “ documented. […] Other means, for instance audiovisual, may also be envisaged, and are used in some of the countries visited, in particular for deportations expected to be problematic. In addition, surveillance cameras could be installed in various areas (corridors providing access to cells, route taken by the escort and the deportee to the vehicle used for transfer to the aircraft, etc.). ” What could monitoring bodies check? • Which areas are monitored by CCTV? Is any area outside the police station also monitored by CCTV (such as police vehicles or police operations)? • Are cells for ‘sobering-up’ monitored by CCTV? • Is the CCTV equipment well-functioning? 7. This is the view of the French Inspector of places of deprivation of liberty. See visit report to Niort police station, 22-23 March 2011. Available at: http:// www.cglpl. fr/wp-content/uploads/2013/07/Rapport-de-visite-du-commissariat-de-police-de-Niort.pdf <accessed 23 October 2013>. The institution in charge of preventing torture in Catalonia (Spain) is of a different view and has recommended installing video-cameras in all rooms where strip searches take place. See Informe de la autoridad catalana de prevención de la tortura 2012, p85. Available at: http://www.sindic.cat/site/unitFiles/3392/ Informe%20ACPT%202012%20castellano.pdf <accessed 23 October 2013>. 8. See Report of the Human Rights Defender (OMBUDSMAN) on the activities of the National Preventive Mechanism in Poland in 2012. Available at: http://www. rpo.gov.pl/en/content/reports-national-preventive-mechanism <accessed 23 October 2013>. 9. See, for example, the European Committee for the Prevention of Torture (CPT) report on its visit to Turkey in 2009, CPT/Inf (2011) 13, para. 33, p22. 10. See the CPT’s13th General Report, [CPT / Inf (2003) 35], p18, para. 44. See also CPT’s visit to Finland in 2008, [CPT/Inf (2009) 5], para. 57, p29. Penal Reform International | Video recording in police custody: Addressing risk factors to prevent torture and ill-treatment |3

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