accepted two of the recommendations, and that the situation with these remains unchanged. We
find this even more unacceptable as these are recommendations associated with the use of special
precautionary measures (SPM), which are (due to concerns for the safety of the resident and their
surroundings) the most severe encroachment upon the individual’s right to freedom of movement. In
the light of the above, we established that the situation in the institution is (still) improving; however,
there is still room for further improvement. We therefore recommended that the institution continue
to pay attention to good living conditions for its residents and to consistently consider Article 29 of
the ZDZdr, which determines SPM. It was recommended that the institution try to implement the new
recommendations made by the NPM, thus additionally improving the situation. Six new recommendations
were made during the visit. Hrastovec SCI accepted these recommendations, but had not yet implemented
them at the time of receiving their response to the preliminary report. In addition to the recommendations
which are explicitly stated below, we also pointed out that the institution should consider the fact that
locking the residents in their rooms at night constitutes SPM and special attention must be paid to all
the legal requirements being met. We pointed out that placing a resident in the calm down area at
night when no reasons for the implementation of SPM have been given was in contradiction of the
ZDZdr and such a resident should be provided with at least basic sleeping conditions (mattress, bed
linen), while a different solution for residents who are restless at night should be found as soon as
possible (e.g. placing them in a single room). We specifically emphasised that individual measures,
which the institution marks as precautionary measures, can be understood as SPM. Such measures
include the placing of lap belts, limb restraints when starting an IV, and restraining residents when in
armchairs. We also pointed out that SPM as defined by the ZDZdr may be implemented only in the
institution’s secure departments. In its response to the preliminary report, the institution stated that
while providing explanations, they cannot but thank us for our report, which gives the institution hope
that it is on the right path to realising its objectives, and that they will continue working with the
same amount of zeal as before, pursuing a single goal: the well-being of its residents and everything
being done correctly and in accordance with the law.
Hrastovec SCI, courtyard in secure departments
Restraint bed
A review visit to Impoljca Retirement Home was made on 9 May 2017. During the visit, it was established
that of the 12 recommendations made in 2015, the institution had accepted 6 recommendations but
had not yet (fully) implemented them. In light of the institution’s answers provided in 2015 and our
findings during this year’s visit, we established that 5 recommendations have not been accepted and
only one has been implemented. We believe this to be very alarming. This is even more unacceptable
as these are recommendations associated with the use of SPM, which are (due to concerns for the
safety of the resident and their surroundings) the most severe encroachment upon the individual’s
right to the freedom of movement. During the visit, 10 new recommendations were made, of which
the institution has accepted but not yet implemented two recommendations (relating to the placing of
the house rules and complaint procedures in a location accessible to the residents; adapting the font
size so that the residents can read the documents; and daily changing of the date on notice boards, as
the correct date is important for residents to more easily locate themselves in place and time) while two
recommendations have already been implemented (positioning the complaints and compliments box
with appropriate aids in a visible location accessible to the residents, and appropriate daily cleaning of
the residents’ dentures). The retirement home did not provide explicit answers about six of the
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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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