4.2 V  isits to special social care institutions and units of combined institutions In 2017, the NPM conducted review visits to three special social care institutions (SCI), i.e. Hrastovec SCI, Dom Lukavci, and Dom Nine Pokorn Grmovje. It also conducted two review visits to units of combined social care institutions for adults with mental health problems or mental disabilities – the Petrovo Brdo Unit of Podbrdo Retirement Home and Impoljca Retirement Home. This means that a total of five such institutions were visited2. The reports on the visit to Hrastovec SCI and Impoljca Retirement Home were sent to the Ministry of Labour, Family Social Affairs and Equal Opportunities; however, despite two urgent matters, no response had been received by the time of preparing this report (31 January 2018). We are also awaiting the Ministry’s answer for Lukavci Retirement Home and Dom Nine Pokorn Grmovje. During these review visits, the NPM made 24 new recommendations and repeated the (not implemented) recommendations3 which were made during its previous visits4. The response to our preliminary reports on the visits allows us to establish that a large number of these recommendations have already been accepted (10) and one third have already been implemented (8). Total number of all (new or repeated) recommendations Accepted Rejected Implemented No data No response yet 24 10 0 8 6 0 A review visit to the Petrovo Brdo Unit was made on 19 January 2017. It was established that of the 12 recommendations which were made during the 2015 visit, six have been accepted and five already implemented. One recommendation remained unaccepted5 and was specifically emphasised during this visit, together with the recommendation that the unit try to implement it as soon as possible. The general impression after the visit was positive and we found the living situation to be rather good, which was also confirmed by residents during our talks. Room in Petrovo Brdo special social care institution Decoration in common area A review visit to Hrastovec SCI was made on 11 April 2017. During the visit, it was established that of the 24 recommendations which were made during the 2015 visit, ten recommendations have already been implemented, and twelve have been accepted but not yet (fully) implemented. This indicates that the institution took the recommendations seriously and made an effort to implement or at least start to implement most of them. It was unfortunately established that the institution has not 2  There were a total of 10 visits, including thematic visits. 3  These recommendations do not include the recommendations from the special report on the violation of human rights of people with mental disorders with regard to involuntary placement and involuntary treatment in secure departments of social care institutions. 4  Individual recommendations which were made during the visits to these social care institutions in 2017 are provided below as an example. The others are or will be available on the Ombudsman’s website after receiving the response of the visited institutions or the competent ministries: http://www.varuh-rs.si/o-instituciji/podrocja-dela-varuha/varuh-kot-drzavni-preventivni-mehanizem/. 5  During our visit in 2015, we (again) recommended that the unit act in accordance with the ZDZdr and notify the court of people who are unable to leave the unit of their free will, and of people for whom such a regime will be set up in the future, if these are people defined by Article 2 of the ZDZdr who have not given their consent or who are unable to do so (independently or through their legal representative, if these are people who have lost their legal capacity) in accordance with Article 74 of the ZDZdr. In this way, the unit would leave the final judgement on whether it meets the conditions under Article 2 of the ZDZdr to the court. 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 55

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