A/66/44
The Committee recommends that the State party continue its efforts in reducing the
backlog of court cases and take all necessary measures to that effect, including noncustodial measures.
Ombudsman
(11) The Committee notes the new role of the Human Rights Ombudsman as a national
preventive mechanism under the Optional Protocol, but is concerned about the inadequate
funding of the Ombudsman’s office and about information on the scope of its mandate to
carry out its own investigation into allegations of torture and ill-treatment (art. 2).
The State party should further strengthen the structure of the office of the
Ombudsman and broaden its mandate to carry out its own investigation into
allegations of torture and ill-treatment and provide it with adequate human, material
and financial resources in line with the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles).
Complaints, investigation and prosecution of the acts of torture
(12) The Committee notes the data provided by the State party on cases of investigations
of ill-treatment under various sections of the Penal Code, such as abuse of power,
falsification of documents, threats, negligence and others, and is concerned by the lack of
information on cases investigated or complaints submitted under article 265 of the Penal
Code on torture (arts. 12 and 13).
The Committee urges the State party to ensure prompt, impartial and effective
investigation into all allegations of torture and ill-treatment and to prosecute
perpetrators of such acts. It requests the State party to provide the Committee with
data disaggregated by sex, age, ethnicity or origin of the victims, on the number of
complaints, investigations, prosecutions, convictions and sentences imposed under
article 265 of the Penal Code.
Conditions of detention
(13) While welcoming the measures taken by the State party to improve considerably the
conditions of detention, including the construction of new facilities and the renovation of
existing ones, the Committee remains concerned about the problems of overcrowding
especially in major prisons such as the Dob, Ljubljana, Maribor, Koper and Novy Mesto
prisons. The Committee is further concerned about insufficient mechanisms to prevent
suicide in prisons (arts. 11 and 16).
The State party should intensify its efforts to bring the conditions of detention in
places of deprivation of liberty into line with the Standard Minimum Rules for the
Treatment of Prisoners, as well as other relevant international standards, in particular
by reducing prison overcrowding, expanding non-custodial forms of detention and
providing adequate accommodation and psychosocial support care for detainees who
require psychiatric supervision and treatment. The Committee also recommends that
the State party take all necessary measures to investigate and prevent suicide in places
of detention.
Psychiatric facilities
(14) The Committee appreciates the information provided during the dialogue by the
representatives of the State party, but regrets the lack of information on cases of involuntary
placement in psychiatric institutions when only some and not all criteria established in the
Mental Health Act are met and the lack of information on the number of complaints and
appeals against involuntary placement in psychiatric hospitals. Despite the information
provided during the dialogue, the Committee regrets the lack of information on use of
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GE.11-45568
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