Implementation of the Duties and Powers of the National Preventive Mechanism in 2012 Application of special protection measures As confirmed by the persons responsible for the management of Polzela NH, special protection measures were not applied there. In spite of that, at the time of the visit in the nursing home, there were Rules on the Application of Special Protection Measures in Polzela Nursing Home (“the Rules”) which were supposedly adopted on the order of the social inspection service. In the NPM’s opinion, this, however, does not result from the inspection note no. 06182-7/2011 of 21 July 2011. In addition, it was established that the Rules state that it had been adopted in accordance with the provisions of the Mental Health Act (“the ZDZdr”). When reviewing the Rules, the NPM established that the Rules were developed pursuant to the Guidelines for Work with Persons Suffering from Dementia in the Field of Institutional Care of the Elderly, issued by the Ministry of Labour, Family and Social Affairs (of 6 June 2011). In the NPM’s opinion, the Rules are not compliant with the ZDZdr. It was therefore proposed by the NPM that Rules be harmonized by Polzela NH with the provisions of the ZDZdr, whilst particularly emphasizing that – although no special protection measures were applied in Polzela NH – the ZDZdr stipulates that special protection measures may only be applied in wards under special supervision (in psychiatric hospitals) and secure wards (in social care institutions) which are not established in Polzela NH. In its response report, it was reported by the nursing home that the NPM recommendation would be taken into account and Rules on Application of Special Protection Measures in Polzela Nursing Home would be harmonised with the provisions of the ZDZdr. Rakičan EH stated that, if necessary, restraining a resident’s hands is applied in a case when an intravenous treatment is given and a nasogastric tube is inserted if so ordered by a doctor whilst having the consent of relatives. It was pointed out by the NPM that, in cases of restraints fulfilling conditions under Article 29 of ZDZdr, and as such may be defined as a special protection measure, all conditions for its implementation, duration, notification and filling-in of records must be taken into account, as defined in the above mentioned Article. In its response report the nursing home stated that a form is available in the institution which would be used if such measures were necessary. But, as stated by the aforementioned nursing home, measures defined as special protection measures under the ZDZdr had not so far been needed. Living conditions At the time of the visit, the capacity of the high level supervision ward in Preddvor RH was exceeded, specifically, there was one extra bed in a four-bed room and one extra in a five-bed room. It was proposed that the nursing home avoid exceeding capacities on the ward, even if only on a temporary basis, since, when increasing the number of beds, living conditions deteriorate for all residents in the room. At the same time, an additionally accommodated resident should be provided by the nursing home with everything that the said person needs for the storage of personal belongings (a bed-side table, a closet for personal belongings and clothes in the direct vicinity of such person). In its response report, it was stated by the institution in question that, immediately after the visit of the NPM, both additional beds were removed and residents relocated inside the institution. Their assurance was given that they would strive not to have any excess capacity on the ward ever again. 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 91