the sense of how they are treated and the use of coercive measures. Such cooperation and exchange of
experience in the implementation of preventive visits within the context of the SEE NPM Network has
already proven useful in the past. It is an excellent opportunity for the exchange of best practice in the
implementation of the duties and powers of the NPM, while it also provides an opportunity to learn
about how prisoners are treated in other countries, and in this respect also the legal framework which
governs the enforcement of penal sanctions. A good example of best practice in Zadar Prison is their
confidential access to health services, as prisoners submit their requests for medical examination in
special closed boxes located in every unit (opened exclusively by health personnel).
Representatives of the Slovenian NPM visited their colleagues in Austria, where they learned about
the treatment of forensic patients, as well as their treatment after release. This is a field where we have
found numerous difficulties.
1.7 Conclusion
We believe that, in cooperation with the selected NGOs, the Ombudsman continued to ensure
the efficient implementation of the duties and powers of the NPM in 2017. On the whole, we are
pleased with the response of the relevant authorities (especially the institutions visited) to our
findings and recommendations for improvement, as these show a readiness to cooperate. We
particularly note that the institutions that we visited in 2017 are trying to take all the necessary
measures for improvement which are within their domain. We are pleased to establish that the
findings, observations, and recommendations for improvement made by the Ombudsman within the
context of the duties and powers of the NPM frequently result in an improvement in the conditions
and treatment of persons deprived of their liberty. We strive to further enhance and deepen our
cooperation with the relevant ministries, especially with regard to issues which require systemic
changes in the field. It was therefore worrisome to receive a communication from the Ministry of
Labour, Family, Social Affairs and Equal Opportunities that the Ministry was unable to respond to our
reports and recommendations in time due to limitations in human resources. Several problems have
been established in the operation of social care institutions with regard to the application of the
ZDZdr. These problems relate to the observation of the definition of a secure department, admission of
people to these departments (as pointed out the by NPM special report), ensuring the required human
resources, and the use of special precautionary measures, among other things. Deficiencies in the
use of special precautionary measures have also been established during our visits to psychiatric
hospitals. We therefore strive for a closer cooperation in this field, particularly in faster response
times by the Ministry of Health and other actors when it comes to the adoption of measures aimed at
improving the situation (e.g. the preparation of the required amendments and annexations to the ZDZdr
and professional guidelines for the use of (special) precautionary measures as early as possible). For
quite some time now, we have also been warning the Ministry of Education, Science and Sport of
the need to prepare expert bases for a comprehensive and unified treatment of adolescents, with
instructions on appropriate educational action, especially with regard to adolescents with mental
health problems and associated violent and hetero-aggressive behaviour. On the other hand, the
cooperation of the Ministry of the Interior and the Police is exemplary with regard to the review of
the findings from visits to police stations. These predominantly relate to the furnishing of detention
rooms, the recording of detention, and the enforcement of the rights of detainees and the possibilities
for outdoor exercise. With regard to the processing of aliens, we wish to point out the processing of
minors, especially unaccompanied minors. We can also commend the cooperation of the Ministry of
Justice or the Prison Administration. Problems remain in this field with regard to the overcrowding of
individual prisons, ensuring appropriate accommodation facilities and work possibilities, ensuring the
required human resources, and care for especially vulnerable people in custody (the elderly, people with
disabilities, etc.) who need special equipment during their incarceration.
In conclusion, we highlight the fact that the NPM’s operations significantly contribute to improving
the situation of persons deprived of their liberty. We are pleased to report that no cases of torture
or other forms of cruel treatment or punishment were established during our visits in 2017. Our
recommendations for improvements indicate situations which may represent inhuman or degrading
treatment (maltreatment) of persons deprived of their liberty (e.g. problems ensuring rooms for
people with mental health problems, and consequently their accommodation in hallways and
other common areas of social care institutions or even refusing them admittance; inappropriate
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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