Failure of the Reception Center for foreigners, video of alleged sexual harassment of Indian women failed

The Protector was informed via e-mail in mid-August that two Indian women reported to the officer an attempted sexual abuse by a police officer of the Shelter, who was allegedly intoxicated.

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Photo: shutterstock.com
Photo: shutterstock.com
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The failure of the Reception Center for Foreigners to take appropriate measures to investigate serious allegations of sexual harassment violated the procedural aspect of the European Convention on the Protection of Human Rights and Fundamental Freedoms to the detriment of two Indian citizens. This is concluded in the opinion of the institution of the Protector of Human Rights and Freedoms.

The Protector was informed by e-mail in mid-August that two Indian women had reported to the officials an attempt at sexual abuse by a police officer of the Shelter, who was allegedly in an intoxicated state.

The advisers of the Protector held an interview with the Indian women on the same day. They stated that the clerk was gesticulating with his hands in the direction of the room where the younger man was, that they interpreted that as indicating that they were getting closer and possibly having sexual intercourse, that is why they locked themselves in their room and did not come out again. On that occasion, the advisers of the Protector had a conversation with the head of the Reception Center, who announced that a colleague had informed him that the official was allegedly intoxicated, but that he had not been informed that any incident had occurred.

The police officer pointed out that he came to work regularly and that he did not consume alcohol either before or during working hours. He responsibly claims that these accusations are untrue, that they gestured with their hands in his direction as if they were asking him what time it was, to which he turned through the unopened glass door and showed the phone so that they could see what time it was. He added that the security cameras located in that area can be checked as evidence.

A letter was sent to the Department of Telecommunications and Electronic Technologies, for the exclusion of video recordings from security cameras. However, it was found that the HDD (hard disk) was defective, which is why it was not possible to view the requested video material.

The head of the shift rejected the accusations that this officer came in an intoxicated state and that he sexually harassed Indian citizens.

"At the time of taking the statements from the officials, the complainants were already forcibly removed, so it was not possible to take a statement from them. Civil servants (including police and prison officers), who work in these units, have the duty to take care of all persons placed in the Shelter. This includes the duty to inform the competent authorities without delay about indications of abuse", it is stated in the final evaluations of the deputy protector. Mirjana Radović.

As these are crimes that are prosecuted ex officio, it is added that the obligation to conduct an investigation exists even without a criminal report or allegation of abuse when there are other sufficiently clear indications that this has occurred. For an investigation to be considered effective, it must satisfy several requirements elaborated in the practice of the European Court of Human Rights - independence and impartiality, urgency, thoroughness, victim participation, public scrutiny and appropriate punishment of responsible perpetrators.

The Protector reminds that the responsible person in the Reception Center must not make decisions only on the basis of documents or information provided to him by officials who are suspected of having participated in actions to the detriment of the victim, but must show that he has critically examined them. The responsible person is required to act actively and always make a serious effort to establish all the facts and collect all the evidence necessary to determine whether or not the abuse in the particular case occurred and, if so, to identify all responsible persons, including superior officials.

"Taking into account the specificity of the act of sexual harassment and the lack of practice of authorities that undertake official actions in investigative proceedings, the police should inform the prosecutor's office about the report in question, so that the prosecutor's office can give instructions on undertaking future investigative actions. "Finally, if it is an act of sexual harassment that was committed recently, the victim should be referred to a psychologist if possible," the opinion states.

Radović gave a recommendation to the Police Directorate and the Reception Center for Foreigners to review the actions of the officers in connection with this report and to immediately put video surveillance in the facility and ensure appropriate storage and availability of video recordings.

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