of two unaccompanied minors (one stayed for 46 days and one for 24 days) due to obtaining documents
in cooperation with the family in one case, and changing their statements and lack of cooperation with
the guardian in the second case.
In 2016, the temporary placement of minors, foreign nationals, and unaccompanied minors was
regulated by the Decision of the Government of the Republic of Slovenia as of 28/07/2016, which
states that regardless of their status, unaccompanied minors must be accommodated in Nova
Gorica and Postojna student homes. Pursuant to this Decision, minors, who are the most sensitive
of all vulnerable people, were ensured placement in the two student homes from 01/08/2016 to
31/07/2017. The Government of the Republic of Slovenia also issued Implementing Instructions on the
stay of unaccompanied minors in student homes, no. 21400-6/2016/8 as of 28/07/2016, which govern
all procedures involving unaccompanied minors (from the acceptance in the student home, the role of
the legal representative, the conclusion and content of the accommodation contract, procedures for
correctional measures if obligations and prohibitions are violated, documentation, termination of the
stay in the student home, and special characteristics of caring for unaccompanied minors).
After the Government of the Republic of Slovenia had been briefed on the evaluation of the pilot
project on placing unaccompanied minors and recognised it as a best practice example, it adopted
a new decision (number 21400-5/2017/4) on 26/07/2017, with which it prolonged the placing of
unaccompanied minors in student homes until the end of 2018, which is stipulated by Items 2 and 3
of the new Decision:
“2. For the period lasting until 31 December 2018, the Government Office for the Support and
Integration of Migrants, in cooperation with the Ministry of the Interior, the Ministry of Labour, Family,
Social Affairs and Equal Opportunities, the Ministry of Education, Science and Sport, and the Ministry
of Health, sets up systemic placement and processing of unaccompanied minors as a separate unit
for comprehensive processing regardless of their age.
3. Until an appropriate systemic solution is set up, the pilot project of placing unaccompanied minors
in Postojna student home shall continue in the context of the financial construction stipulated in the
Attachment hereto. The costs of accommodation, material care, and staff shall be covered by the
Government Office for the Support and Integration of Migrants.”
Hereunder, all unaccompanied minors who do not make an application for international protection
should be immediately accommodated in the Postojna student home (but no longer in Nova Gorica
student home), which has 28 beds for these purposes and 13 employees. During our visit to the AC,
however, we established that Postojna student home, despite attempts by the AC to immediately
place unaccompanied minors there, refuses such placement or does not (yet) enable it. The reason
supposedly lies in Postojna student home not having appropriate health services, especially medical
triage, at the time of arrival of the child. The NPM therefore recommended that the Government Office
for the Support and Integration of Migrants sees that the decision of the Government of the Republic
of Slovenia no. 21400-5/2017/4 as of 26/07/2017, which stipulates that unaccompanied minors are
accommodated in Postojna student home, begins to be fully implemented. The inability to provide
triage care, which would eliminate the presence of any infectious diseases or serious mental health
problems which could endanger the health or safety of other children accommodated in the student
home, must be regulated in the context of the existing possibilities for healthcare. Furthermore, the
NPM asked for an explanation on the progress with the implementation of the second item of the
Decision, relating to the setting up of systemic accommodation and processing of unaccompanied
minors as a separate unit for comprehensive processing, regardless of their age.
UNICEF again pointed out the unacceptability of the placement of children in closed institutions,
even if accompanied by adults. More appropriate solutions should be found for children who are
accommodated at the AC together with their families, especially because of the negative effects that
the stay in a closed institution has on the child’s psychological and physical health and development.
UNICEF therefore asked that practical and child-friendly alternatives be shaped. The CPT also believes
that the accommodation of children accompanying their parent(s) in a detention centre can have a
negative psychological effect on the child’s development and well-being, particularly when the child
is young. The placement of minors with their parents in a detention centre should only occur as a last
resort, and if, in exceptional circumstances, such placement cannot be avoided, its duration should
be as short as possible. Every possible effort should be made to avoid the separation of children from
their parent(s). The NPM recommended that other alternative possibilities for accommodation be
74
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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