medical conditions, and preventive activities. The participants exchanged views on the availability of
doctors, equal treatment, consent to medical treatment and confidentiality, prevention, assistance for
people with special needs, and professional independence and competence. All this is monitored by the
NPM when visiting health services in prisons. The meeting ended with the conclusion that healthcare
services within penitentiary institutions should be part of the public healthcare network (as regulated
for example in Slovenia), while emphasising the special and additional duties and position of health
services when treating detained people.
Healthcare is also exceptionally important when it comes to patients committed to psychiatric
hospitals. The Slovenian representative emphasised the urgency of delineating between commitment
to a department under special supervision and treatment. As this is an important issue, it was the
subject of a lively discussion on the second day of the meeting. Even though it initially seemed that
the participants held different views on the matter, the discussion showed that they agreed as to the
most important aspects, which enabled the drawing up of appropriate conclusions on the basis of
the expressed opinions, which will undoubtedly represent a guideline for all NPMs of the region and
beyond. In the same way as is emphasised by CPT standards, the fundamental principle should be the
patient’s right to give or refuse their free and informed consent to treatment. Involuntary commitment
to a hospital should not automatically include involuntary medical treatment without the patient’s
consent. This means that every competent patient, whether committed voluntarily or involuntarily,
should be given the opportunity to refuse treatment or any other medical intervention. Any derogation
from this fundamental principle should be based upon law and only relate to clearly and strictly defined
exceptional circumstances.
At the SEE NPM Network meeting in Belgrade on 12 and 13 December 2017, we discussed the NPM
work methodology. At the end of the meeting, with agreements reached on their future work, the
network members also appointed a new chairperson, i.e. the Montenegro NPM, while next year the
Legal Group will be chaired by the Austrian NPM and the Health Group by the Serbian NPM.
In 2017, the Slovenian NPM also hosted a Tajikistan delegation, comprising the Ombudsman of
Tajikistan, Alizoda Zarif, and representatives of other authorities: the Office of the President of the
Republic, the Supreme Court, the Prosecutor General’s Office, the justice system, the Supreme Assembly,
the university, and two representatives of non-governmental organisations. The delegation came to
Slovenia to familiarise itself with the NPM and the activities of other state authorities with regard to the
treatment of persons deprived of their liberty.
The Ombudsman’s representatives presented their work and activities to the members of the delegation,
especially the legal framework of the activity of the NPM, and the method of implementing the duties
and powers of the NPM. They explained how NPM visits were conducted at police stations, in prisons,
and in social care institutions. The members of the delegation also visited these institutions and thus
had the opportunity (also through discussions with their representatives) to learn about life in these
institutions. Representatives of the Ministry of Justice presented activities on ensuring the protection
of human rights and preventing torture or other forms of cruel, inhuman or degrading treatment or
punishment, and the related cooperation with the Ombudsman. The foreign guests were also able to
obtain information on cooperation in the implementation of the duties and powers of the NPM directly
from PIC and Peace Institute representatives. We expect that the information provided will help Tajik
representatives in their preparations for the signing and ratification of the Optional Protocol, especially
with regard to the setting up, appointment or establishment of one or more independent NPMs for the
prevention of torture.
The NPM visited Piran Police Station and Koper Prison together with observers from Italy, i.e. members
of the Antigone organisation from Rome. This organisation regularly visits prisons in neighbouring
Italy, and this event presented the opportunity for an exchange of experience on conducting preventive
visits to closed institutions. We visited the unit for Forensic Psychiatry in Maribor, together with a
representative of the Austrian Ombudsman or member of the Austrian NPM.
Representatives of the Slovenian NPM had a working visit to the NPM mechanism of the Republic
of Croatia which is implemented by the Ombudsman of the Republic of Croatia.. The main purpose of
our visit was the exchange of practical experience in the implementation of preventive visits. For this
reason, Croatian NPM representatives implemented an unannounced visit to Zadar prison, which was
observed by representatives of the Slovenian NPM. The visit focused on the treatment of prisoners in
16
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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents