Regarding the outcome of these reviews, the interviewed judge also mentioned that
sometimes the security measure in a medical institution is then transformed into the
security measure at liberty and it also sometimes happens that the security measure is
stopped before the five-year limit, indicating that this is not the predominant practice.91
If the court finds that the treatment and confinement in a mental health institution are
no longer necessary, it will either end the confinement or substitute it with the measure
of compulsory psychiatric treatment at liberty.92
Right to be heard
The Human Rights Ombudsman has reported that it has repeatedly come across cases
where the court has not heard the defendant before taking a new decision on the duration
or modification of a compulsory psychiatric treatment measure or a compulsory
psychiatric treatment at liberty.93 On this issue, the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), during
its visit to Slovenia in 2017, had already recommended that the Slovenian authorities take
the necessary measures - including at legislative level - to ensure that all patients subject
to this security measure are heard in person by a judge in the context of the six-month
review of the security measure.94 In its response to the CPT report, the Government of
the RS replied to the above recommendation that a system of six-monthly review is
already duly prescribed at legislative level, and that it would draw the attention of the
judiciary to the above recommendation by specifically communicating the text of the
recommendation of the CPT. In 2018, the NPM specifically drew the attention of the
Supreme Court of the Republic of Slovenia to this issue. In response, the Supreme Court
of the Republic of Slovenia informed all judges of the recommendation.95 However, it
seems that this recommendation is not systematically followed. Some of interviewees
explained that the court will acquire the report from the institution where the measure is
being implemented, and the report will be sent to the perpetrator for them to read and
comment on it. But if the court concludes that a hearing is not necessary and the parties
91
Interview with a judge.
Article 70.a(2) of the Criminal Code (Kazenski Zakonik), 20 May 2008.
93
Varuh človekovih pravic (2019), Letno poročilo Varuha človekovih pravic Republike Slovenije za
leto 2018, Ljubljana, Varuh človekovih pravic, pp. 190-191.
94
CPT, ‘Report of the Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment on Slovenia (28/3/2017 - 04/04/2017) [CPT/Inf (2017) 27].
95
Varuh človekovih pravic (2019), Letno poročilo Varuha človekovih pravic Republike Slovenije za
leto 2018, Ljubljana, Varuh človekovih pravic, pp. 190-191.
33
92
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