4.5 Visit to the Aliens Centre We visited the Aliens Centre on 20 December 2017. So as to provide expert a ssistance in monitoring the position of vulnerable groups of children and foreign nationals, and encouraging and advocating the implementation of children’s rights, the visit was also attended by Alja Skele (UNICEF National Committee) and Romana Zidar (UNICEF Refugee and Migrant Response Slovenia). During the visit, we mainly focused on the conditions for placing minors and unaccompanied minors. We also checked the implementation of the recommendations made during our previous visit (20 October 2016). It was established that, compared to 250 beds in 2016, the total number of beds in the AC had dropped to 216 (a total of 86 beds in two men’s units, 88 beds in the unit for vulnerable categories, 38 beds in the minors’ unit, and 4 beds in special confinement rooms). The head of the AC explained that the number of beds will continue to be reduced in 2018, i.e. in the unit for vulnerable groups and in the minors’ unit. After finally reducing the number of beds in 2018, the capacity of the AC is planned to return to 180 beds or, as explained by the head of the AC, even fewer, once the men’s unit has been remodelled into a cell system. In our report on the visit, we emphasised that, in accordance with the Convention on the Rights of the Child and the United Nations Guidelines for the Alternative Care of Children, the placement of children in the AC was not the most appropriate solution. The placement of and care for children in institutions, especially closed institutions such as the AC, should be used only as a last resort under exceptional circumstances. This is also the viewpoint of UNICEF, which strongly opposes the placement of children in institutions. When making the decision to place accompanied or unaccompanied minors in closed institutions, the principle of the best interests of the child should prevail, which is the responsibility of qualified experts. Determining the best interests of the child requires clear and thorough judgement on the child’s identity, including their nationality, upbringing, ethnic, cultural and linguistic background, exposure to various types of vulnerability, and the need for safety and protection of children. This procedure of determining the best interests of the child should take place in an atmosphere and in an environment which is pleasant, friendly, and safe for the child, and implemented by experts who are qualified to conduct interviews in consideration of the child’s age and gender. In order to realise the best interests of the child, the presence of parents, legal representatives, guardians, or lawyers is necessary, as they monitor whether the best interests of the child are being realised during the procedure. During its 2017 visit to Slovenia, the CPT also pointed out the need for safeguards for unaccompanied minors. Item 96 of the Report thus states that owing to the special vulnerability of unaccompanied minors, steps should be taken to ensure that, whenever they are deprived of their liberty, they are always assigned an appropriately trained and/or sufficiently experienced guardian (or legal representative) who effectively protects their rights and keeps them regularly informed about their legal situation. Review mechanisms should be introduced to monitor the ongoing quality of the guardianship. The placement of minors in closed institutions can never be to the best interests of the child and it is therefore important for competent institutions to continue their efforts to shape solutions which observe international legal documents and commitments made by the Republic of Slovenia. The Ombudsman already drew attention to this matter in its letter of 27/08/2015 number 2.6-1/2015 and recommended that measures be taken to ensure the observance of the best interests of a minor foreign national by ensuring better placement options in appropriate institutions for the placement of minors, instead of in the AC. The CPT also pointed out the issue of placing unaccompanied minors in the AC during its visit to Slovenia in 2017, and recommended (Recommendation 89) that, given their particular vulnerability, necessary measures be taken to ensure that unaccompanied/separated minors are always provided with special care and accommodated in an open (or semi-open) establishment specialised for juveniles (e.g. a social welfare/educational institution for juveniles); the relevant legal provisions should be amended accordingly. At the time of the visit, three unaccompanied minors were being held at the centre. From 1/1/2017 to 30/11/2017, 39 minors were accommodated in the AC (4 of which were girls), aged 11 to 17, and the average time of their stay was 11 days. The prolongation of the average stay of minors is mostly due to the case 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 73