Implementation of the Duties and Powers of the National Preventive Mechanism in 2012 The two remaining institutions (Veržej Therapeutic Boarding School and Črna na Koroškem Training, Work and Care Centre) are organised in the traditional way and their activities are carried out in houses organised as dormitories. Črna na Koroškem Training, Work and Care Centre falls under the responsibility of the Ministry of Labour, Family and Social Affairs and, as a result of a 2010 decision, it was assigned a role of an institution responsible for children and adolescents with mental disorders who have been committed to an institution as an educational measure. The NPM believes that for young people experiencing emotional and behavioural disorders living and working in residential communities is a suitable organisational model. However, this type of treatment may be too demanding for those with severe emotional and behavioural difficulties which is why, in the NPM’s opinion, it makes sense to keep the traditional organizational model of education and upbringing, at least to a small extent, and therefore provide for the placement of children and minors in formative groups. Owing to all the special circumstances of life and work in the institutes visited, the NPM proposed to the Ministry of Education, Science and Sport that it consider a special act or independent provisions within the scope of the applicable legislation which would specifically govern the organisation and operation of training institutions for educational care. However, in the response report, it was stated by persons responsible that headmasters of these institutions could not harmonize their actual proposals in such a manner so as to be acceptable for all, considering the special features of individual institutions. When visiting Črna na Koroškem Training, Work and Care Centre some issues were encountered which are caused when implementing educational measures in regard to the referral of persons into the training centre (more on this topic in the 2012 Ombudsman’s Annual Report, chapter Limitation of Personal Freedom). It must be highlighted that, according to the findings by the NPM, this is a very serious matter and it urgently requires that all the necessary measures be adopted as soon as possible so that every educational measure involving a referral to a training institution may be implemented or the soundness of imposing such measures be questioned. In fact, an educational measure involving a referral of a person into a training centre, which is ordered but not also implemented, has no effect since there is no facility (authorised and suitable) to actually implement such a measure. The Ministry of Labour, Family and Social Affairs, the Ministry of Justice and Public Administration and the Ministry of Education, Science and Sports were therefore urged to adopt all the necessary measures as soon as possible (including potential and necessary statutory amendments and modifications) in order to provide for a smooth implementation of an educational measure of this type. The NPM also issued a warning notice to the Črna na Koroškem Training, Work and Care Centre stating that, in accordance with the provisions of the ZDZr, special protection measures may only be used in units under special supervision (secure wards) of psychiatric hospitals and in secure wards of social care institutions. The above mentioned institution is neither a psychiatric hospital nor is there a secure ward established. As a result, the issue of an internal legal document regarding the use of special protection measures, by means of a reference to the ZDZdr, is inappropriate since it has no legal basis. It was recommended that the internal legal document (Decree on Implementation of Special Protection Measures in Črna na Koroškem Training, Work and Care Centre) be abolished. Afterwards, the Decree on Implementation of Special Protection Measures was actually repealed. 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 119