Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
It is encouraging that the situation or practice in the institutions or their units deserved
particular praise in 45 cases, whereby the leading position was taken by Ljubljana Prison
achieving nine of such compliments, Dob pri Mirni with seven and Koper Prison and Nova
Gorica Unit of Koper Prison with six approvals. The NPM particularly wishes to highlight the
method of admission of a prisoner in Koper Prison (and the fulfilment of all the necessary
forms, including the form “Introductory Interview” by the Operation Head since it enables a
clear verification of the fact whether, upon its admission, a prisoner was actually informed
of conditions and method of residence in the institution, as well as his/her rights), and the
practice of the personnel in Novo mesto Unit of Ljubljana Prison who, when delivering food
and fetching trays in rooms, check the cutlery that has been given to an individual next to the
meal and whether it has been returned in full.
On the other hand, it also needs to be pointed out that it was Dob pri Mirni Prison the one
location where the most proposals and recommendations by the NPM to improve conditions
and treatment with persons deprived of their liberty were submitted, specifically, 37. In this
regard, Celje Prison and Juvenile Prison also stood out with 28 of such recommendations,
Maribor Prison with 20 and Koper Prison with 19 proposals and recommendations. The total
of 160 proposals and recommendations were submitted by the NPM for all such places of
incarceration in 2012.
In the case of Dob pri Mirni Prison, the need to respect the dignity of convicted persons
having difficulties with mobility and experiencing serious health problems was particularly
highlighted and suitable accommodation and conditions of residence to enable a dignified
prison service were proposed, even prior to the systemic solution being available that was
supposed to be a result of inter-sectoral coordination. It was similarly pointed out in regard
to Celje Prison and Juvenile Prison that detainees, when they are older and other movement
impaired persons, must have the ability to have a shower and be given the possibility to
maintain personal hygiene and have the possibility for exercise in the fresh air – as was
noticed during the visit, at least for two detainees, this was hard to achieve under the
existing conditions. It is the NPM’s position, in fact, that the state must make it possible that
everybody serves his/her prison sentence in conditions that suit his/her medical condition.
If an individual is deprived of his/her liberty by the state, the state must also ensure that the
deprivation of liberty takes place in such a manner that the respect for human personality
and dignity is guaranteed. A reference to dignity was also made in regard to persons in
compliance detention, particularly due to the especially poor accommodation situation when
serving in Maribor Prison. In accommodation rooms dedicated for compliance detention,
there was only old, worn-out furniture, and mattresses on old iron frames gave a visual
impression and sensation of uncleanliness, since they were dirty and covered with torn
and threadbare covers. As it was pointed out, when accommodated in such conditions,
the dignity of these persons is additionally and unnecessarily compromised. It is, however,
encouraging that the Director General of PARS (Prison Administration) agreed with our
remark. He added that, although it is true that the throughput of persons in the compliance
detention is high in Maribor Prison, these persons do not have good habits in relation to
their attitude towards maintaining personal hygiene but the institution may contribute to the
improvement of such conditions by constantly giving appropriate warnings and supervising
cleanliness in accommodation rooms.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
17
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