Implementation of Duties and Powers of the National Preventive Mechanism in 2010
request the institution to impose disciplinary penalties, particularly in cases of more serious
disciplinary offences and physical violence. Moreover, UIKS states that ZPKZ Ljubljana
should also not abandon the implementation and management of disciplinary procedures
and imposition of disciplinary penalties on convicts because the number of disciplinary
offences of physical violence is increasing, and minor or major injuries are common, which
leads to the injured party enforcing the right to compensation, which they usually receive,
but it is paid by the state.
In ZPKZ Dob pri Mirni, we found that isolation is sometimes extends for more than 12
hours without a pause. Again, we pointed out this was unacceptable and against the law.
UIKS agrees with our observation, but ZPKZ continues the practice. To a certain extent, it
is understandable that this also results from a lack of other options for dealing with such
persons in circumstances which require the removal of the person from the common room
((over)irritability, agitation, etc.). Nevertheless, it is most worrying that nothing has happened
since the explanation of UIKS in 2009 that ”adequate solutions should be found, perhaps
with intensive and professionally guided interviews performed outside the special room,
which would interrupt the stay in the special room”.
The DPM believes that it is right for the Director to at least occasionally come into direct
contact with the prisoners in the institution, or section, respectively. As a good practice
example, ZPKZ Maribor, Murska Sobota Open Prison Section, can be pointed out, where the
Director talks to the convicts every Tuesday afternoon, or immediately if necessary, based
on an application which is later recorded in the convict’s personal file. On the other hand, we
received numerous complaints by the convicts in ZPKZ Dob pri Mirni saying that the Director
of the institution does not respond to the applications and they only see him on the television.
We also noticed some changes for the better in the education service. Particularly in ZPKZ
Maribor, the prisoners very much approved of its work, which was in sharp contrast to the
previous visit. However, many problems remain. In the case of ZPKZ Dob pri Mirni, we found
that staffing conditions had slightly improved, but – as confirmed by UIKS – they still do
not allow the convicts to meet with their teachers in small groups on a weekly basis. Each
teacher is thus responsible for 30 persons.
As confirmed by UIKS, medication is still distributed by judiciary police officers in the majority
of the institutions. An inadequate method of distributing medication was alleged by UIKS
at a meeting with representatives of the Ministry of Health; UIKS called for the consistent
implementation of norms under Annex 6 and presented the new situation of the needs for
doctor teams and infirmary schedules in each institution. It was agreed that on the basis of
the submitted data, a new annex for the contractual year would be prepared; in this case,
the more frequent presence of nurses and the transfer of the distribution of medication to
medical staff could be provided in each institution.
Some aspects of providing health care for prisoners are also presented in the general part
of the Ombudsman’s report.
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
21
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