Parliamentary Ombudsman assessed transport safety of police vehicles – considers it justified to add safety devices to rear compartments of patrol vehicles
Parliamentary Ombudsman Jari Råman has on his own initiative assessed the safety of transporting persons deprived of their liberty in police vehicles. The evaluation revealed ambiguities both in legislation and in the instructions and practices of the police, especially in matters concerning the safety devices and the placement of persons in rear compartments.
The investigation of the matter was initiated in connection with the decision on a complaint previously processed by the Parliamentary Ombudsman. The decision concerned a case in which a person with impaired mobility had been transported to a police prison on the floor of the rear compartment of a patrol van. The case raised concerns about how safe it is to transport persons deprived of their liberty who are disabled, intoxicated or otherwise incapacitated in the rear compartments of vehicles that have no safety devices. It is known that, in some situations, people are transported on the floor of the rear compartments of patrol vans.
Inconsistencies in regulations and practices
In his assessment, the Ombudsman examined the methods used by the police to ensure the safety of persons deprived of their liberty during transport. Based on the assessment, the Ombudsman found that the requirements concerning transports and the vehicle regulations concerning the equipment of police vehicles are not fully consistent. There are no safety belts or other safety devices restraining the person transported in the rear compartments of police vans, and the valid vehicle regulations make this possible.
The Ombudsman also drew attention to the fact that the basic requirement for travelling in a vehicle is the use of a seat that meets the requirements. Transporting a person on the floor may be possible only in exceptional cases when inevitably required by a police task, and it cannot be the main rule when transporting persons deprived of their liberty.
Supervision during transport was also assessed. Based on the report, supervision is mainly carried out by means of camera surveillance. The Ombudsman drew attention to the possibilities for communication between the rear compartment and the driver’s cabin and the actual possibility to contact the authorities during transport.
“In principle, I have no reason to suspect the safety of the transports carried out by the police. However, transports involve a wide range of risks from the perspective of the person being transported. The key is how these risks are managed,” states Ombudsman Jari Råman in his decision.
The Ombudsman brought his views to the attention of the Ministry of the Interior and the Ministry of Transport and Communications and requested that the ministries report what measures have been taken as a result of the decision. In addition, the decision was brought to the attention of the National Police Board, which was requested to assess what measures need to be taken as a result of the decision. The decision was also submitted for information to the Ministry of Social Affairs and Health.
The Ombudsman’s decision no 487/2024 has been published (in Finnish) on the website www.oikeusasiamies.fi.
Further information is available from Senior Legal Adviser Anu Lempiäinen, tel. +358 9 432 3369.