Implementation of the Duties and Powers of the National Preventive Mechanism in 2012 In Grmovje SCI, during the NPM’s visit in 2010, it had already been proposed that there be the constant presence of at least one employee in the secure ward during the night time, and this recommendation was repeated upon this visit. In its response report, the institution explained that the constant presence of the staff in the secure ward during the night time had been provided before the video-surveillance system was installed. Even now the institution seeks to have an employee physically present during the night time, but it is true, that this is not practised now. Night duty is performed and video-surveillance is monitored in the nurse room on the ground floor. The staff must make regular rounds on an hourly basis, which are actually carried out, as is evident from the documentation. If anything unusual is noticed on the cameras, immediate action is taken. The institution also stated that the NPM’s recommendation would be taken into account and the constant presence of an employee in the secure ward during the night time would be provided for from 1 January 2013. Notifying courts When reviewing the residents’ files in Grmovje SCI, it was established by the NPM that the institution notified the court of an admission of a person in the secure ward only when the admission had already been carried out. It was pointed out several times that (for now) there is no legal basis for social care institutions to commit a person to a secure ward without that person’s consent and prior to the issue of the court order, although it is understandable that social care institutions have to balance a common sense approach with the application of the regulations in this area. In the Ombudsman’s opinion, it is necessary to appropriately regulate the legislation covering this field. Complaint procedures In Dutovlje SCI, the NPM found that the printed rights of persons in the secure ward, granted under the ZDZdr, and meant to be displayed in a visible position, were missing, as well as the house rules and the list of advocates of rights of persons in the field of mental health (together with their work addresses and telephone numbers), who are responsible for the area where the institution operates. This deficiency was pointed out during the visit. It was proposed that both deficiencies be remedied immediately by the institution. A right to an advocate is in fact one of the rights held by a person staying in the secure ward under the ZDZdr. As a result, non-informing residents with names and telephone numbers of advocates represents is a violation of this right. In its response report, the institution explained that the list of rights granted to a person under the ZDZdr, had obviously been torn down by one of the residents, together with a poster where a list of advocates of rights of person in the field of mental health services was published. It was explained by the institution that both deficiencies had already been remedied, that the house rules were hung in the ward, and that the brochure about rights granted to a person in a secure ward, as well as the list of advocates of rights of persons in the field of mental health was distributed among the residents, whilst the role of an advocate was explained to the residents at the institution’s meeting for residents. At the same time, the institution gave an assurance that both brochures would be placed in a visible position in the ward, and that advocates will soon present themselves to the residents and to a larger group of employees. 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 75