1 IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NATIONAL PREVENTIVE MECHANISM IN 2017 1.1 General In 2006, in accordance with the Act Ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment1, the Human Rights Ombudsman of the Republic of Slovenia (the Ombudsman) assumed important duties and powers of the National Preventive Mechanism (NPM). The Ombudsman thus became an integral part of a generally applicable system under the auspices of the United Nations, which enforces (additional) mechanisms to prevent torture and other forms of ill-treatment of people deprived of liberty at the national and international levels. This system is particularly based on regular visits to places of deprivation of liberty. These are preventive visits whose purpose is to prevent torture or other ill-treatment before it occurs. In addition to the Subcommittee on the Prevention of Torture (SPT) established by the United Nations for the implementation of tasks at the international level, the Optional Protocol introduces the NPM at national level of the State Parties whose task is to regularly visit places where people are (or could be) deprived of their liberty. The Act Ratifying the Optional Protocol (Article 5) stipulates that the duties and powers of the NPM are performed by the Ombudsman. It also stipulates that non-governmental organisations (NGOs) registered in the Republic of Slovenia, and organisations which hold the status of humanitarian organisations in the Republic of Slovenia and which deal with the protection of human rights or fundamental freedoms, particularly in the field of preventing torture and other cruel, inhuman or degrading treatment or punishment, may cooperate with the Ombudsman in the supervision of places of detention and in the examination of the treatment of persons deprived of their liberty. The organisations implementing supervision together with the Ombudsman’s office are selected by the Ombudsman on the basis of a public tender. The Act Ratifying the Optional Protocol further stipulates that the people from the selected organisations who will cooperate in the implementation of the duties and powers under the NPM must provide a prior written statement that, in performing these duties and powers, they will observe the Ombudsman’s instructions and the regulations on the protection of personal and confidential data, as these apply to the Ombudsman, her deputies and staff. The Act Ratifying the Optional Protocol further stipulates that the costs and remuneration of people from organisations implementing the duties and powers under the NPM with the Ombudsman are paid by the Ombudsman’s office from its budget headings, according to the rules issued by the Ombudsman upon prior approval of the minister responsible for finance. On this basis, the Ombudsman issued Rules on the reimbursement of costs and remuneration of people from organisations implementing the duties and powers under the provisions of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.2 The Ombudsman prepared the first Rules before having any kind of experience with the additionally entrusted duties under the Optional Protocol. In cooperation with the selected organisations, the first visit as the NPM was made in March 2008, followed by a growing number of visits each year. On the basis of the experience gained 1 Official Gazette of the RS, No. 114/06 – International Treaties, No. 20/06. 2 The first Rules were published in the Official Gazette of the RS, No. 17/2008. 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 5