The Ombudsman published a (new) public procurement no. 12.1-4/2014-1 in the Official Gazette of the
Republic of Slovenia, no. 92/2014 of 19 December 2014 for the selection of NGOs willing to cooperate with
the Ombudsman in the implementation of duties and powers of the NPM for the 2015–2017 period, with the
possibility of an extension for an additional year.
Eight NGOs applied to the public procurement (including some new ones), i.e. Novi paradoks (NP), the
Association for Developing Voluntary Work Novo mesto (Association), Humanitarno društvo Pravo za
vse (Pravo za vse), Caritas Slovenia (Caritas), SKUP – Community of Private Institutes (SKUP), the LegalInformational Centre for NGOs (PIC), the Peace Institute (MI) and the Slovenian Federation of Pensioners’
Associations (ZDUS). All bids were timely and met the criteria determined in the public procurement, and were
all selected for cooperation with the Ombudsman in the implementation of duties and powers of the NPM. The
Ombudsman also cooperated with representatives of these organisations in 2015 during the implementation
of the duties and powers of the NPM.
It was thus decided at the end of 2014 that a special NPM unit would be established in 2015, which will
not discuss individual complaints, but only conduct visits and other NPM duties. In addition to the Deputy
Ombudsman, Ivan Šelih, who is the head of the NPM, the unit also includes Robert Gačnik, (B.A. (Criminal
Justice and Security), specialist in criminal investigation), the Ombudsman’s adviser/councillor (responsible
particularly for visiting prisons, police stations, aliens and asylum centres), mag. Jure Markič, the Ombudsman’s
adviser/senior councillor, (B.A. (Law)) (responsible for visiting social care institutions and psychiatric hospitals)
and Lili Jazbec, the Ombudsman’s adviser/councillor, professor of defectology for behavioural and personality
disorders and institutional education science (responsible for visiting juvenile institutions and jointly responsible
for social care institutions). Both of the Ombudsman’s activities (preventive, including NPM duties, and
reactive, including the examination of individual complaints) were thus completely separated. The need
for this separation is explicitly stipulated in Item 32 of the Guidelines on national preventive mechanisms
(SPT)3 adopted in Geneva in November 2010, which determines that “where the body designated as the NPM
performs other functions in addition to those under the Optional Protocol, its NPM functions should be located
within a separate unit or department, with its own staff and budget”.
We find that the decision for this division of the Ombudsman’s activities was appropriate. The implementation
of tasks and powers of the NPM is now much more effective, which is also reflected in the number of visits
to different locations (for example, we conducted 39 visits in the role of NPM in 2014 and as many as 67
visits in 2015). The improved organisation of work contributes to better preparation for the implementation
of a visit, its execution and drafting of the report on the visit. Due to the different distribution of work,
an adviser on discussing individual complaints will have to be replaced. Furthermore, a higher number of
visits also incurs higher costs (for cooperation with the selected NGOs and the execution of visits). The need
to improve the participation of doctors/experts on individual NPM visits also requires an increase of funds.
5.3 Activities of the NPM
When implementing its duties and powers, the NPM visits (while conducting its annual programme of
visits) all locations in the Republic of Slovenia where persons are deprived of their liberty and inspects
how such persons are treated, in order to strengthen their protection against torture and other forms of
cruel, inhuman or humiliating treatment or punishment. While observing suitable legal norms, the NPM
makes recommendations to the relevant authorities to improve the conditions and treatment of people and
prevent torture and other forms of cruel, inhuman or degrading treatment or punishment. In this regard, it
may also submit proposals and comments on applicable or drafted acts.
Official places of deprivation of liberty in the Republic of Slovenia include in particular:
- prisons and all their units and Radeče Juvenile Correctional Facility,
-e
ducational institutions,
- c ertain social care institutions – retirement homes and special social care institutions,
-p
sychiatric hospitals,
-d
etention rooms at police stations and Ljubljana Police Detention Centre,
- t he Aliens Centre and the Asylum Centre,
-d
etention rooms operated by the Slovenian Armed Forces, and
- all other locations as per Article 4 of the Optional Protocol (for example, police intervention vehicles, etc.).
As the NPM, the Ombudsman engages experts with the widest range of recommended specialist knowledge.
Since selected NGOs cannot provide certain other suitable experts and because the Ombudsman does not
dispose of an expert in the field of medical care, certain experts had to be engaged externally. At the beginning
of 2014, a notification on the call for proposals for the purpose of recruiting doctors/expert specialists to help the
Ombudsman to establish, clarify or evaluate evidence of torture or other forms of cruel, inhuman or degrading
treatment or punishment, or to support the Ombudsman during visits to places of deprivation of liberty with
suitable expert knowledge which the Ombudsman lacks, was published on the Ombudsman’s website and
in the ISIS publication of the Medical Chamber of Slovenia. Three proposals were received, i.e. from Dr. Peter
Pregelj, specialist/psychiatrist, Dr. Milan Popovič, specialist in general surgery and Dr. Zdenka Čebašek-Travnik,
specialist in psychiatry (former Human Rights Ombudsman). Since all proposals met the requirements, all
three doctors were recruted as physician experts and agreements on cooperation were concluded with them.
An individual expert selected from the list by the Ombudsman as per the type and place of an individual
visit performs the tasks according to the orders and instructions of the Ombudsman and in cooperation with
the Ombudsman’s expert colleagues by participating in planned visits and providing written replies to the
Ombudsman’s questions in the role of the NPM and providing their own findings, particularly on the suitability
of medical care and the treatment of people deprived of liberty.
The selected NGOs implement their tasks and powers with persons qualified for individual fields of supervision
as members in a group appointed by the Ombudsman to implement supervision in places of deprivation of liberty
and the examination of treatment of people deprived of liberty. The group implementing supervision is thus
composed of the Ombudsman’s representatives and selected organisations who observe the programme
of visits adopted by the Ombudsman in cooperation with the selected organisations. If necessary, other
circumstances demanding an immediate visit are also taken into account.
The NPM drafts a comprehensive (final) report on the findings established at the visited institution after each
visit. The report also covers proposals and recommendations for the elimination of established irregularities
and to improve the situation, including measures to reduce the possibilities of improper treatment in the
future. The Ombudsman’s representatives and the representatives of the selected NGOs participate in drafting
the report on the visit. All participants, including NGO representatives, must prepare a brief report on their
findings, together with proposals, which form part of the report on the implemented supervision. The report is
submitted to the competent authority (i.e. the superior body of the visited institution) with a proposal that the
authority take a position on the statements or recommendations in the report and submit it to the Ombudsman
by a determined deadline. A representative of the Ombudsman is usually responsible for preparing the report,
although a person from a selected NGO may also be appointed for this purpose. On the basis of the report,
the response of the competent authority and possible additional observations of the NPM, a brief report is
published online after each visit.4
5.4 Brief statistics on NPM visits in 2015
In 2015, the NPM conducted 67 visits to different places of deprivation of liberty which included:
- 23 detention rooms at police stations,
- 21 social care institutions,
The Rules were published in the Official Gazette of the Republic of Slovenia, no. 17/2008. The Rules were partly amended in 2011 (Official Gazette of the
Republic of Slovenia, no. 20/2011).
2
3
Available at: http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/NationalPreventiveMechanisms.aspx.
228
ANNUAL REPORT OF THE NATIONAL PREVENTIVE MECHANISM FOR 2015
4
See: http://www.varuh-rs.si/o-instituciji/podrocja-dela-varuha/varuh-kot-drzavni-preventivni-mehanizem/.
ANNUAL REPORT OF THE NATIONAL PREVENTIVE MECHANISM FOR 2015
229
5 IMPLEMENTATION OF DUTIES AND POWERS OF THE NATIONAL PREVENTIVE MECHANISM
5 IMPLEMENTATION OF DUTIES AND POWERS OF THE NATIONAL PREVENTIVE MECHANISM
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment.2
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