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and complicated list. The
system of the list allows the
law enforcement to determine
the further arbitrary
prosecution activities. The
drug tests conducted under
the conditions of violation
of the basic human rights
principles. In the most
cases drug tests are useless
and having direct negative
impact on human dignity and
life. The drug tests are
subject of even of political prosecution using
it as a tool against
political rivals and for
other illegal activities.
Massive drug tests were always subject
to public criticism. With the
intention to put to the end of
this practice the Minister of
Internal Affairs issued new
instruction taking effect on
October 1, 2015, but this new
regulation is under question and
it mostly depends how
effectively it will be
administered in practice. The
ordinance still gives a very
wide margin
of
interpretation
to carry out drug-testing in
cases such as: a) A law
enforcement official witnessed
drug use; b) Official while
according to the law on police
conducting preventive measures
such as - identifying a person,
carrying out frisk and
examination of a person,
carrying out special inspection
and examination, carrying out
special police control, ordering
to leave a place and prohibiting
entrance to a certain territory
and there is enough reason to
suggest a person used drugs; c)
The information obtained from
the criminal intelligence
activities, LEPL emergency
service 112 or the
information from an identified
person.
Even the subparagraph c) The
information obtained from the
criminal intelligence activities
can be subject to manipulation
and speculation, which was the case until 1
October, 2015 and even putting it into
the instruction can make no
difference. In addition the
article 4 paragraph 3 of the
ordinance 725 allows the use of
coercive measures (use of
physical force, special means)
if the person refuses the drug-
testing.
The instructions for police officers
were one of the recommendations
from public organizations and
independent activists but how
this new regulation with such
wide interpretations will be put
in practice is still up to the
will of the government and judicial
system.
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