The biggest share of complaints in the field in question is comprised of “explanations” (221 of 307). In their letters, individuals do not state violations of their rights or fundamental freedoms, but only ask for additional explanations of various letters from state bodies, for information about the normative regulation of certain issues, for information about competences and similar. The Ombudsman always explains that the interpretation of regulations is not in its jurisdiction and refers complainants to competent state bodies or directs them to adequate legal procedures, while it also acquaints complainants with its position, if the content of the case has already been examined. 3 INFORMATION ABOUT THE OMBUDSMAN’S WORK Even in cases of complaints that it only “takes note of”, the Ombudsman tries to establish whether it is possible to examine the case within the scope of its tasks. If we establish that certain procedures are already under way, such complaints usually help us to monitor the resolution of issues without our intervention. 3.1 Starting points for the Ombudsman’s work 3.1.1 History of the institution’s work 2.16 OTHER The Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) formally began implementing its work on 1 January 1995, when the staff, premises and other material conditions needed for work were provided (paragraph one of Article 57 of the Human Rights Ombudsman Act (ZVarCP)). The year 2015 thus marked the twentieth anniversary of our work. The first Ombudsman, mag. Ivan Bizjak, was elected Ombudsman in September 1994, and as he ascertained in his contribution published in 20 Years of the Operation of the Human Rights Ombudsman of the Republic of Slovenia 1994–2014, he started his work almost from scratch. From the Council for the Protection of Human Rights, which functioned on the basis of the Act on the Council for the Protection of Human Rights and Fundamental Freedoms (Zakon o svetu za varstvo človekovih pravic in temeljnih svoboščin), he received two employees and two offices at the premises of the National Assembly of the Republic of Slovenia. Unresolved complaints (some 40 complaints) were also waiting for him. A lot of work had to be done before the formal start of the Ombudsman’s office. In addition to technical, organisational, spatial and staffing issues, working methods had to be determined and agreed on. The fundamental challenge was to make the institution function quickly and efficiently and gain people’s trust in it. The public had great expectations of the newly established institution. Only a few people then knew what the Human Rights Ombudsman was and how it worked in practice. More on this and the beginning of the work of the Ombudsman was included in a publication issued to mark our twentieth anniversary, 20 Years of the Operation of the Human Rights Ombudsman of the Republic of Slovenia 1994–2014, issued in 2014 in Ljubljana. The publication is available from the Ombudsman’s website: www.varuh-rs.si. 3.1.2 The Ombudsman as a constitutional category The Ombudsman is an informal form for protecting the rights of individuals in relation to holders of power. In the Constitution of the Republic of Slovenia it is classified under the chapter on constitutionality and legality. The constitutional organisation assigns a constitutional category to this institution and also great significance. The subjects of protection are the human rights and fundamental freedoms of individuals in relation to the authorities. The Ombudsman supplements the protection of human rights in relation to holders of power. It has no power to make decisions, but with its proposals, opinions, criticisms and recommendations, it has as an effect on the consistent observance of human rights and fundamental freedoms by the competent authorities and holders of public authorisations. In cases when a complaint is investigated, the Ombudsman may ask the competent authorities for clarifications and additional information and determine a deadline by which the authority must provide clarifications and information. This deadline must not be less than eight days (paragraph two of Article 33 of the ZVarCP). If the authority fails to provide clarifications or information by the deadline, it must immediately explain to the Ombudsman why its request has not been granted. A refusal or disrespect for the Ombudsman’s request is considered an obstruction to the Ombudsman’s work. In relation to its work, the Ombudsman has the right to access all information and documents pertaining to the competence of state authorities. The Ombudsman’s actions are not only restricted to direct violations of the human rights 166 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 167 3 INFORMATION ABOUT THE OMBUDSMAN’S WORK If a complaint is anonymous, it does not mean that that it should not be examined, especially if it warns about certain violations of human rights. We try to respond to complaints that we receive by e-mails which do include the personal information of the senders, and the senders usually provide this later and thank us for our reply. In accordance with point 4 of paragraph one of Article 28 of the Human Rights Ombudsman Act, we usually decline complaints that are considered insulting, but they are kept in the records.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents