After the discussion and seeking of solutions to improve their situation, the following
conclusions were adopted unanimously:
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•
•
•
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Children and adolescents are a particularly sensitive group. Detention by
deprivation of personal liberty is not a suitable measure with which to treat
children and adolescents. Detention must thus always be the last possible
solution and all other measures should be applied first.
The staff entrusted with the care of children and adolescents must have
suitable skills and knowledge about their special needs and must strive to
establish trust with them and provide all necessary assistance. Children and
adolescents must have access to basic education and other training programmes. Qualified individuals must plan for the release of children and
adolescents and their treatment after discharge.
They must also have access to suitable health, psychological and social care
provided by suitably qualified experts.
Children and adolescents must be informed of their rights in a language they
understand and in a manner that is understandable.
At the end of the meeting, the representatives of the SEE NPM Network
unanimously approved the Croatian NPM to hold the presidency of the network in 2020.
1.4 REALISATION OF
NPM RECOMMENDATIONS
1.5.1 Monitoring procedures for the return of
foreigners
While observing Article 69 of the Foreigners Act (ZTuj-2), Caritas Slovenia, which also
cooperates with the Slovenian NPM when implementing its tasks and powers, monitors the (involuntary) procedures for the return of foreigners from Slovenia to their
countries of origin on the basis of a public call. The monitoring involves the observance of police operations when removing foreigners from the country, i.e. in the
period before departure, during the flight or other means of transport, during transit
stops, and upon the arrival and admission of foreigners to the country of return.
The Ombudsman or the Slovenian NPM has not yet carried out any direct monitoring of the return of foreigners yet, but it has been intensively preparing for this task
recently as these cases also involve the deprivation of liberty. We have also joined
the initiative to establish a mechanism for the effective and independent monitoring of forced returns. For this purpose, Deputy Ombudsman Ivan Šelih attended
the Meeting on the functioning of the FRONTEX pool of monitors or the Meeting of
Ombudsman/NPM institutions to remedy the absence of an external, independent
governance of the pool of forced-return monitors that was held on 23 May 2019 in
Nafplion, Greece. The meeting was organised by the Greek Human Rights Ombudsman with support of the Council of Europe and was attended by the representatives
of human rights ombudsman institutions or national preventive mechanisms from
countries whose staff participates in the pool of forced return monitors of the European Border and Coast Guard Agency (Frontex), i.e. Cyprus, the Czech Republic, Finland, Italy, the Netherlands, Romania, Slovakia, Slovenia and Spain. The purpose of
the meeting was to exchange work experience in the field of monitoring deportations,
establish deficiencies and a mechanism for effective and independent monitoring of
20
THE REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA
ON IMPLEMENTING THE TASKS OF THE NPM
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