e) List of lawyers
PS must have an updated list of lawyers in the room intended for the admittance of persons deprived of
their liberty. As we had pointed out in the past the fact that an updated list of lawyers was not available
in these rooms at PS, the MI, on 3 August 2009, in response to report No. 010-1202009/1 (2151-07), said
that all PS had been notified that a list of lawyers, which must be updated every three months, must be
available in rooms for the admittance of persons deprived of their liberty.
In accordance with the above response, the NPM checks whether rooms for the admittance of persons
deprived of their liberty at PS are equipped in accordance with the notification provided by the MI. During
our visits to Ilirska Bistrica PS, Nova Gorica PS, Grosuplje PS, Ribnica PS, Kozina PS, and Gorišnica PS,
we established that the rooms for the admittance of persons deprived of their liberty were not equipped
with an appropriately updated list of lawyers. This deficiency was pointed out in the reports and it was
recommended that appropriate updating of the list of lawyers be pointed out to the management. The
MI responded that the management has been alerted to immediately remove the old lists of lawyers
and replace them with new updated lists of lawyers.
The importance of access to legal aid was also pointed out by the CPT during its 2017 visit. The Committee
emphasised that the possibility for people taken into police custody to have access to a lawyer during
this period is a fundamental safeguard against ill-treatment. This safeguard should be available to all
detained people, irrespective of their financial situation. It recommended that the Slovenian authorities
take the necessary steps to ensure that, in practice, all detained people effectively benefit from the
right of access to a lawyer from the very outset of their deprivation of liberty, if necessary free of charge.
A list of ex officio lawyers that detained people can consult and use should be compiled for each
police station, in consultation with the Bar Association. Furthermore, all ex officio lawyers should
be reminded, through appropriate channels, of the importance of their role in preventing and, if
necessary, reporting ill-treatment or intimidation by the police.
f) Familiarity of detainees with their rights
As in the Constitution of the Republic of Slovenia (Article 19), the ZKP also stipulates that every person
deprived of their liberty shall be advised immediately, in their mother tongue or in a language they
understand, of the reasons for the deprivation of liberty. They shall be immediately instructed that they
are not bound to make any statements, are entitled to the legal assistance of a lawyer of their own
choice, and that the competent body is bound to inform their immediate family of their detention, if they
so request. A suspect deprived of their liberty must also be informed of their rights under Article 8 and
the fourth paragraph of Article 4 of the ZKP.
The police officer must ensure the enforcement of these rights as soon as possible. If the detainee
requests that their immediate family be told of the detention, they are informed by a police officer,
except if the immediate family is located outside the territory of the Republic of Slovenia. The police
officer can inform the family members by phone or in person (Article 33 of the Rules on Police Powers.
During its 2017 visit, the CPT emphasised that the Slovenian authorities must remain vigilant to
ensure that all people taken into police custody are fully informed, from the very outset of their
deprivation of liberty, of all their rights.
The rooms for admitting persons deprived of their liberty should be equipped with brochures and a
poster produced by the MI on the rights of persons deprived of their liberty, in several languages. In
this respect, Cerknica PS, Ilirska Bistrica PS, Nova Gorica PS, and Kočevje PS were alerted during the
visit that old MI posters being used (with incorrect translation of rights into English). With regard to all
the cases, the MI responded that the old MI posters, in several languages, with the rights of persons
deprived of their liberty have been immediately replaced with a new poster.
During its 2017 visit, the CPT delegation was pleased to note that information materials explaining
the rights of detained people were available in 24 languages in all the police establishments visited,
and that additional language versions could be produced when necessary. In addition, a specific
information sheet for detained juveniles was available in several languages.
The delegation also gained the positive impression that people detained by the police were in the
large majority of cases verbally informed of their rights upon apprehension, and shortly afterwards
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2017
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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