Joint findings with recommendations a) Definition of the department Visits to several retirement homes have shown that, due to problems with the definition of the department (whether this was a secure department under the ZDZdr or not), retirement homes frequently fail to inform courts about detaining people in a department which the NPM believes meets the conditions of a secure department. It was also established that retirement homes usually place a resident in the secure department first, and only subsequently inform the court, which is not in accordance with the ZDZdr. In addition to the recommendations explicitly stated below, which are presented as an example, the NPM also made the same recommendations in Dom Viharnik Kranjska Gora, Ljutomer Retirement Home, Sv. Martin Retirement Home in Srednja vas v Bohinju, Idrija Retirement Home, Fužine Retirement Home (in addition to the recommendation stated below), Dr. Jože Potrč Retirement Home in Poljčane, Dr Janko Benedik Retirement Home in Radovljica, and the Juršinci Unit of Ptuj Retirement Home. • The NPM pointed out to Gornja Radgona Retirement Home that it needs to observe the provisions of the ZDZdr and Constitutional Court decision no. U-I-294/12-20 of 10/06/2015 regarding the procedure of admitting residents to a dementia unit, either with or without consent. The retirement home did not provide a specific answer in its response to this recommendation. It has however agreed that the staff could upgrade, correct, and improve the residents’ living conditions. • It was recommended that when a resident is unable to provide their consent to admittance to the secure department, the Kidričevo Unit of Ptuj Retirement Home should inform the court prior to detaining the resident in the secure department, as in such cases detention is allowed only on the basis of a court decision. It was recommended that the Unit inform us of the matter, should the court not decide on the proposal or issue the decision that the procedure not be started. In its response to the preliminary report, the retirement home stated that it would consider the recommendation made by the NPM. In its response, the Ministry stated that it had already asked the management of the retirement home to implement the NPM recommendations as soon as possible. It also stated that it agreed that admission to secure departments be permissible only on the basis of a court decision. The Ministry has unfortunately established that this was often not the case, as retirement homes were facing cases where immediate admittance was expected of them, which, due to psychiatric opinion after a 24-hour watch, they could not ensure in any way other than by admittance to a secure department. For this reason, the retirement home was only able to submit a proposal to the court after the user had been admitted. The Ministry is therefore striving for the law to be amended on this issue. The Ministry also stated that individual topics which the NPM often provides as recommendations would be included in the training programme for retirement homes, e.g. limiting the application of drugs when necessary and restricting residents due to safety. • The NPM recommended that Horjul Retirement Home pays attention to the appropriate legal basis for detention, which must be already given at the time of admitting a resident to the secure department, and later throughout the duration of the stay in this department (consent, court decision). In its response to the preliminary report, the retirement home stated that it was almost impossible to obtain a court decision on detaining a resident in a secure department beforehand, as events in the secure department could not be foreseen, and it was impossible to predict a resident’s future medical condition. The staff immediately report the admission or transfer of every resident to the secure department to the competent district court and act in accordance with Article 53 of the ZDZdr. During our visit, we pointed out that we were aware of the unrealistic solution stipulated by the ZDZdr. We hope that when the legislator amends the act a better solution will be found for admitting residents to secure departments of social case institutions. However, we point out that institutions should observe the valid legislative regulation until a corresponding amendment has been implemented. It needs to be said that the institution cannot act in accordance with Article 53 48 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