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.
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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
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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
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ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
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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.
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