recommendations. The majority of these recommendations refer to the implementation of SPM. In its response to the recommendations provided during the 2015 visit, the institution said that it was not implementing SPM, a fact disagreed with by the NPM, as the use of lap belts is undoubtedly a SPM as defined by the ZDZdr (physical restraint using belts). The institution did explicitly respond to the recommendations regarding the placing of a sufficient number of brochures in the special drawer in Department C, and providing residents with toiletries. We are convinced that they will observe these in their future work. In the light of the above, we have established that the situation is improving; however, the large number of non-accepted and new recommendations shows that the institution still has a lot of work to do. We have therefore recommended that they keep paying attention to the good living conditions of its residents and to carefully consider Article 29 of the ZDZdr, which defines SPM. We specifically pointed out our concern that despite the NPM findings that individual residents were obviously unable to independently leave the institution, Impoljca Retirement Home does not have (a documented) legal basis, which can constitute an offence under the penal provisions of the ZDZdr. It was recommended that the institution try to implement the recommendations made by the NPM, thus improving the situation. Impoljca Retirement Home Toilets A review visit to Lukavci Retirement Home was made on 12 September 2017. During its 2014 visit, the NPM made 12 recommendations, of which 10 have been implemented and two have been accepted but not yet (fully) implemented. It needs to be pointed out that the implementation of individual recommendations predominantly depends on the doctors who come to the institution, and not on the institution directly. The latter can mostly alert the doctors to the NPM recommendations, which, in the light of the explanations that we received during our visit, it is doing. During this visit, we have of course again highlighted the unacceptable situation for the residents due to overcrowding in the secure departments. Even though the institution is striving to make the situation as appropriate for the residents as possible, it is alarming that the competent Ministry, despite being repeatedly (including by the Ombudsman or the NPM) informed of the unbearable situation in individual social care institutions, has still not found an appropriate solution. The main finding of the review visit was that the visited institution has seriously begun to implement the recommendations; however, there is still room for improvement. During this visit, a new recommendation was made, about the setting of the light sensor. It was recommended that the light remains turned on for long enough for residents to go to the toilet and back at night. The institution’s response shows that the recommendation has already been implemented, which is commendable. Lukavci Retirement Home IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2017 Additional bed in the common area NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 57

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