1.1 GENERAL 1.1 GENERAL In this document, the Human Rights Ombudsman of the Republic of Slovenia (the Ombudsman) reports on the implementation of the tasks and powers of the National Preventive Mechanism (NPM) in 2019 as per the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol) adopted by the UN General Assembly which has been available for signat its 57th session on 18 December 2002 and 1 ing and ratification since 4 February 2003. The Optional Protocol establishes a system of regular (preventive) visits by independent international2 and national authorities to places where people are deprived of their liberty, in order to prevent torture and other forms of cruel, inhuman or degrading treatment 3 or punishment. At the international level, the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) was established as per the Optional Protocol. Every state signatory to the Protocol undertakes to establish, appoint or maintain an authority or several authorities at the national level to implement visits in order to prevent torture and other 4 cruel, inhuman or degrading treatment or punishment (NPM). The task of each NPM is to visit all locations in the country where persons are deprived of their liberty and inspect how such persons are treated in order to strengthen their protection against torture and other cruel, inhuman or humiliating treatment or punishment. While observing suitable legal norms, the NPM makes recommendations to the relevant authorities to improve the conditions and treatment of people and prevent torture and other forms of cruel, inhuman or degrading treatment or punishment. In this regard, the NPM may also submit 5 proposals and comments to the applicable or drafted acts. Important additional tasks and powers were entrusted to the Ombudsman in 2006 by means of the Act ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 6 (MOPPM). We are certain that one of the reasons the Ombudsman has been entrusted with the additional duties and powers of the NPM was the care the Ombudsman has constantly dedicated to discussing complaints received from imprisoned persons and also its preventive role in this field, i.e. by the formed and established manner of operation when visiting facilities where persons deprived of their liberty are accommodated. Its independence (functional, personal and financial) is also important in this regard, and this is The Optional Protocol entered into force for Slovenia on 22 February 2007; see the Official Gazette of the Republic of Slovenia [Uradni list RS], No. 17/07. 2 The place of deprivation of liberty is determined in Article 4 of the Optional Protocol. 3 See Article 1 of the Optional Protocol. 4 Article 17 of the Optional Protocol stipulates: “Each State Party shall maintain, designate or establish, at the latest one year after the entry into force of the present Protocol or of its ratification or accession, one or several independent national preventive mechanisms for the prevention of torture at the domestic level. Mechanisms established by decentralised units may be designated as national preventive mechanisms for the purposes of the present Protocol if they are in conformity with its provisions.” 5 See Article 19 of the Optional Protocol. 6 Official Gazette of the Republic of Slovenia [Uradni list RS], No. 114/06 – International Treaties, No. 20/06. 1 6 THE REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA ON IMPLEMENTING THE TASKS OF THE NPM