2.3.2 Realisation of the Ombudsman’s recommendations 2.3 RESTRICTION OF PERSONAL LIBERTY We are only partially satisfied with the realisation of the recommendations we made in 2014. Some improvements have been made (especially with regard to standardisation); however, we observed that the main issues in this field persisted. With regard to eliminating over-crowding in some prisons or greater application of legal alternatives to incarceration (recommendation no. 17) we have seen no significant progress. Despite a slight decline in the average number of prisoners from 1,511 in 2014 to 1,463 in 2015 (especially due to the elimination of imprisonment for the non-payment of fines) in most of the seven prisons visited under the NPM (Maribor, Koper, Dob pri Mirni prisons and the Ljubljana Prison Unit in Novo mesto) the number of prisoners exceeds the official capacity. The amended ZIKS-F simplified the mechanism of moving convicted persons between individual prisons, which is certainly helpful in cases of over-crowding in individual institutions, but this is only possible if the institution to which prisoners can be relocated is not also overcrowded. We must also emphasise that the European Court of Human Rights (ECHR) in its rulings in 2015 (Arapović v. Slovenia and Beljkaš v. Slovenia) continued to highlight the unsuitable conditions of detention and degrading treatment in Ljubljana Prison (for the previous period). The long-term solution to the problems of this prison is obviously the construction of a new facility if the number of prisoners is not significantly reduced. In connection to emphasising that the fairness principle of any judicial proceedings, especially proceedings that can end with a sanction limiting individual’s rights must always be critically and unilaterally assessed from all aspects, and not only biased claims should be considered, and also that the Ombudsman recommends amendments to the ZKP concerning the disciplinary treatment of detainees and considering the recommendations of the CPT (recommendation no. 18), we hereby establish that the announced amendment to the ZKP-N to regulate the issue has not been made yet. We believe that it is very important that the Ministry of Justice confirmed the recommendation and that professional literature already indicates the view that preliminary hearings must be carried out. With regard to recommendation no. 19, that the Prison Administration of the Republic of Slovenia thoroughly and impartially verify complaints from convicted persons without undue delay and that their replies to complaints from convicted persons should always include their positions regarding all essential statements in complaints from convicted persons or explanations from the institution, we commend the assurance of the Prison Administration of the Republic of Slovenia that it would make every effort to expediting the current appeal procedure and also consider this recommendation. However, some complaints considered in 2015 still indicate that there are delays in processing appeals at the Prison Administration of the Republic of Slovenia due to staffing problems (more about this below). We must also add that the Ombudsman occasionally receives statements from imprisoned persons to the effect that prison staff deny them the use of legal remedies or methods of appeal (more about this below). Regarding the recommendation to the Government of the Republic of Slovenia to include in its future priorities a plan for the comprehensive resolution of the unsuitable situation in prisons due to high summer temperatures, especially by renovating old buildings and providing sufficient funds for investment maintenance (recommendation no. 20), made during our visits to prisons, we expressed our concern about alleviating the effects of high summer temperatures (e.g. by changing the time spent outdoors, with additional washing options, use of fans and other measures, as well as with minor investments maintenance works, e.g. 44 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 replacement of windows). However, no comprehensive resolutions (such as the restoration of old buildings) have been made yet. In the 2014 report, the Ombudsman recommended that all persons involved in the treatment of prisoners on hunger strike treat them appropriately, professionally and compassionately, and to respect the rules that regulate their actions in such cases (recommendation no. 21). We did not observe any particularities in connection to this when we considered complaints in 2015, and we also did not observe any particularities with regard to the reminder sent to the Ministry of Justice and the presidents of courts for a regular assurance that the inspection of prisons is being conducted according to Article 212 of the ZIKS-1 (recommendation no. 22). The Ministry of Justice did not carry out the requisite number of inspections of prisons (6) in 2015; however, it did inspect prisons in Dob pri Mirni (twice), Ljubljana, Celje, and at the beginning of 2016, Koper. The cases considered in 2015 did not indicate that the recommendation that procedures for assessing the justifiability of the use of coercive measures should always include the option for prisoner, against whom coercive measures might be used by judicial police officers, to make a statement or state their view of the procedure and the circumstances of the use of coercive measures (recommendation no. 23). In the preparation of the proposal for new Rules on exercising the powers and duties of judicial police officers, we welcomed the provision that a report on the use of coercive measures must contain information on who carried out the interview with the convicted person against whom coercive measures were used. With regard to recommendation no. 24, the Ombudsman recommends the consistent implementation of the recommendation of the CPT that convicted persons placed in a special room for isolation should always be examined by a member of the medical staff as soon as possible, and this was particularly highlighted in the procedure of adopting amendments to the ZIKS-1F. Our message was received, since the amended Article 236 of the ZIKS-1 stipulates that medical staff must be informed when a convicted person is put in a separate room and that medical staff order measures to protect the life and health of the convicted person. In the 2014 report, we recommended a clear determination of the conditions in which prisons may use the measure of special accommodation for convicted persons (recommendation no. 25), and diligent handling of all cases that involve putting convicted persons in rooms with a stricter regime (recommendation no. 26); however, the guarantees made by the Ministry of Justice or the Prison Administration of the Republic of Slovenia could not be checked, since we did not consider any complaints concerning this matter. Nevertheless, one case once again indicated some problematic aspects of this type of measure. No complaints were considered in connection with the recommendation that persons received in prison be immediately examined by a physician, and if necessary, all required measures for their health care be taken (recommendation no. 27). During the preparation of the Rules on the implementation of prison sentences, we noted that the CPT emphasises that a doctor should interview all new prisoners and conduct a physical examination. In exceptional circumstances, the examination should be done on the day that the prisoner arrives in the institution, especially if a detainee is concerned. This task can be implemented by appropriately qualified nurses, who then report to the doctor. The Ombudsman recommended the adoption of all required measures to provide work for all prisoners who wish, and are healthy enough, to work (recommendation no. 28). Despite the guarantees made by the Prison Administration of the Republic of Slovenia to do everything within the its financial and material capacity to enable appropriate working conditions despite the large number of prisoners – because the PARS is aware that work is one of the main factors for preserving and acquiring work habits and forms a an element in prisoner’s preparation for discharge from prison – it is very concerning that no progress has been seen in this field, because there are still not enough possibilities for work, and we constantly stress this issue during our visits within the scope of the NPM. It is necessary to repeat that more will have to be done to enable prisoners to spend their time on useful activities, particularly work, education and other training which would facilitate their reintegration into society after their sentence, which is one of the main purposes of a prison, in fact. The training possibilities (according to CPT recommendations) should allow each prisoner to spend eight or more hours per day outside their residential premises. ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 45 2.3 RESTRICTION OF PERSONAL LIBERTY or the Ministry of Justice. Individual topics in this field were also discussed at meetings with representatives of the Ministry of Justice and other representatives of the Prison Administration of the Republic of Slovenia. If an assessment procedure was instigated (e.g. in the event of major irregularities or obvious arbitrariness), prisoners were informed about the replies to our inquiries at the relevant bodies and our findings and possible other measures, e.g. recommendations to the relevant authorities. To establish a basis for further action by the Ombudsman, we sometimes asked complainants to let us know if the clarifications they received were suitable or perhaps inaccurate and insufficient. If complainants did not respond, we were unable to continue our inquiries. Considering the aforementioned and the fact that we intervened only if the responsible bodies failed to present their position on a matter or did not consider it, the share of closed cases according to justification of complaints of imprisoned persons matches the last year’s results accordingly.