5.5 Realisation of NPM recommendations Implementing NPM recommendations is a commitment of the State Party to the Optional Protocol. According to Article 22 of the Optional Protocol, the competent authorities of the State Party must address NPM recommendations and establish a dialogue with it on possible measures to realise the recommendations. The success of implementing recommendations arising from NPM visits is annually presented in the Ombudsman’s Annual Report and also in a separate publication17 in the form of a synthesis of our findings and recommendations and responses from the competent authorities in the report to visits to individual institutions. Thus from a total of 600 recommendations issued by the NPM after 67 visits in 2015, 211 have already been realised; 286 have been accepted, and 51 rejected, and the institutions visited or ministries have not taken a position on 52 of these recommendations as of the start of drafting this report. RECOMMENDATIONS INSTITUTIONS VISITED police stations Number of locations Realised Accepted Rejected No data available TOTAL 23 84 52 8 2 146 Aliens Centre 1 3 6 3 / 12 psychiatric hospitals 3 29 22 4 1 56 21 29 84 2 / 115 5 15 25 10 37 87 7 + 1 twice 45 59 15 / 119 residential treatment institutions 4 3 32 1 12 48 entry and reception centre for refugees/migrants 1 3 6 8 / 17 67 211 286 51 52 600 social care institutions special social care institutions prisons and the juvenile correctional facility TOTAL In addition to the most important preventive effect of these visits, whose purpose is to prevent torture or other ill-treatment before it occurs, we also discovered that the living conditions and treatment of persons deprived of liberty improved in many institutions due to our recommendations. Regarding visits to police stations, it may be highlighted that police stations have, if necessary: improved living conditions in detention rooms; numbered detention rooms; improved the provision of information on rights to persons detained (with a brochure on the rights of detained persons in different languages and a poster including the rights of detained persons in several languages); updated the list of lawyers; improved the lighting of premises also with the installation of brighter or more suitable lighting in certain detention rooms; installed beds for overnight accommodation; provided missing notices stating that the premises are under video surveillance or the suitable installation of a video surveillance system and notices stating that surveillance does not include toilet facilities at the detention premises; removed “lunch packages” with expired dates and provided suitable control of food storage; more consistently recorded data on the manner 17 See: http://www.varuh-rs.si/publikacije-gradiva-izjave/porocila-varuha-v-vlogi-dpm/. 232 ANNUAL REPORT OF THE NATIONAL PREVENTIVE MECHANISM FOR 2015 of notifying persons of their rights on forms necessary for detention; improved the provision of medical assistance; improved the provision of food and water or access to drinking water (e.g. with water bottles); improved storage of temporarily seized items; more suitably arranged access to police stations for persons with disabilities; eliminated deficiencies and established irregularities in recording individual detention cases, and ensured measures to consistently observe regulations and guidelines on detention. On the basis of NPM recommendations, the Aliens Centre now translates menus and their notification in the dining hall and common rooms where aliens are accommodated into English; the time for dinner was changed; showering facilities in the men’s unit have improved; a telephone was replaced; use of the Internet during the week (and not only at weekends); the recording system of measures implemented by the medical service was modified and more prompt and detailed writing of reports by expert services was ensured; more attention is paid to the organised activities of aliens, and additional psychiatric assistance for aliens during their accommodation at the centre was also provided. On the basis of our recommendations, the Asylum Centre also eliminated deficiencies at the living premises of the reception unit and malfunctioning or damaged equipment and facilities. They translated the asylum legislation, menus and the schedule of activities into some other languages, enabled direct Internet access and improved the medical care of aliens. On the basis of NPM recommendations, residential treatment (educational) institutions updated and improved their websites and published their house rules. The NPM recommendation that an individualised plan should be signed by adolescents is also being acted on. The educational institutions also provided a more suitable arrangement of adolescents’ personal files. The NPM proposal to draft a special act on the field of educational institutions was accepted, including the proposal for the preparation of guidelines for an educational plan in educational institutions and thus clearer rules on living in them. On the basis of NPM recommendations, prisons and Radeče Juvenile Correctional Facility have updated house rules in individual facilities; enabled access to regulations on the enforcement of criminal sanctions and protection of human rights; repaired damaged equipment and devices in order to prevent greater damage; replaced used and worn out equipment, and ensured the keeping of prompt records on the occurrence and elimination of malfunctions; generally improved living conditions at places of deprivation of liberty, which is encouraging and also confirms the purpose of our operations. The institutions provided prisoners with significantly more opportunities for making calls and have taken measures to improve the quality of incarceration. They provided more organised activities, stimulated the development of educational activities at the facilities, and provided new programmes and motivation for prisoners to participate in them. Some institutions replaced cutlery and started completing items in individual records more consistently. They arranged records on decisions relating to accommodation in stricter regimes, adopted measures for the more optimal use of patient rooms, improved the medical care of prisoners and generally more humane treatment of prisoners. On the basis of NPM recommendations, psychiatric hospitals provided more consistent observance of provisions of the Mental Health Act (ZDZdr) upon the admission of persons and their detention in secure wards; eliminated errors when implementing and recording special protection measures; improved the provision of information on patients’ rights; improved the appearance of secure wards or provision of patient-friendly premises; installed boxes for collecting complaints, and established appropriate procedures upon a patient’s death. Retirement homes and special social care institutions also ensured more consistent observation of the ZDZdr provisions upon the admission and accommodation of persons in secure wards. On the basis of our recommendations, the legal bases for accommodating residents in secure wards were defined in more detail and more accurately. The concept of discussing people suffering from dementia was further developed. The retirement homes provided a more friendly appearance for secure wards, prepared relevant individual plans with which they observed the needs and wishes of their residents; improved the provision of information on residents’ rights (also by brochures); installed boxes for collecting complaints; eliminated errors when implementing and recording special protection measures (also by changing and amending the forms); arranged smoking facilities, and installed alarms to improve response times for calls from the secure ward. ANNUAL REPORT OF THE NATIONAL PREVENTIVE MECHANISM FOR 2015 233 5 IMPLEMENTATION OF DUTIES AND POWERS OF THE NATIONAL PREVENTIVE MECHANISM 5 IMPLEMENTATION OF DUTIES AND POWERS OF THE NATIONAL PREVENTIVE MECHANISM The NPM may also submit proposals and comments regarding applicable or draft acts (Article 19 of the Optional Protocol). In 2015, our comments were observed in a draft act which will regulate procedures involving minors when imposing educational and security measures; amended Rules on the implementation of security measures of compulsory psychiatric treatment and care in a health establishment of compulsory psychiatric treatment at liberty and compulsory treatment of alcoholics and drug addicts; Act on the Treatment of Juvenile Delinquents; Act amending the Enforcement of Penal Sentences Act (ZIKS-1); proposed Act Amending the Criminal Code (KZ-1C); latest amendments to ZP-1J; draft amending the State Border Control Act; draft amending the Police Tasks and Powers Act; amended Rules on exercising the powers and duties of judicial police officers; amended Rules on the implementation of prison sentences and the Rules on payments for the work of sentenced persons.