1.4 Visits to prisons, a juvenile prison and a youth detention centre Five prisons were overcrowded and the Closed Unit of Dob pri Mirni Prison was the most overcrowded. The prison management also added that this situation is constant and expressed their fears that the number of persons will further increase as a result of faster criminal procedures, mainly due to settlement hearings. Novo mesto Unit of Ljubljana Prison was not overcrowded and there were no related complaints of prisoners, but it was noticed that NPM’s recommendation from its previous visit was taken into account and the maximum number of persons that can be accommodated in detention was set. When the number is exceeded the detainee is transferred to another prison or unit, which is considered by the NPM as an example of good practice. The official capacity of all units was exceeded also in Maribor Prison. The prison management clarified that since the last amendment to the criminal law with the Act Amending the Criminal Procedure Act (ZKP-K), which introduced the agreement on the admission of guilt, the number of detainees has been decreasing, but the number of convicted persons has been rising. With regard to the above mentioned it has to be pointed out that the Prison Director often suggests not carrying out the fine enforcement by imprisonment in accordance with paragraph 7 of Article 202b of the Minor Offences Act (ZP-1). Nevertheless, the number of persons in prison due to the fine enforcement by imprisonment increased by two since the previous visit of the NPM. Also the official capacities of the prison related to the fine enforcement by imprisonment increased by one. Rogoza Open Unit of Maribor Prison is also overcrowded with convicted persons by 22 %. In terms of the official prison capacities of Ig Prison and Slovenska vas Semi-Open Unit of Dob Prison it should be mentioned that they were not overcrowded; however, the official prison capacity has increased by one in Ig Prison and by seven in Slovenska vas Semi-Open Unit of Dob Prison. It seems that the NPM has to point out far too often the need for greater self-initiative by prisons in regard to regular spotting of damaged equipment in accommodation rooms for prisoners, and then also to repair the irregularities so determined. This was especially pointed out in the cases of Koper Prison, Novo mesto Unit of Ljubljana Prison, Maribor Prison and Ig Prison. It was already mentioned that in Koper Prison malfunctions and repairs are recorded in the up-to-date notification system, nevertheless, it was recommended that employees perform checks of the living areas more frequently, record any damage and ensure its prompt repair, because it was noticed on this visit that in many living areas (including in the rooms of the detainees) the doors leading to the toilets were damaged. In addition a recommendation was given that prison employees check the rooms and determine, which rooms should be painted first. The Prison Administration of the Republic of Slovenia provided information on determined damage that the repair activities are already taking place and again pointed out that malfunctions or damage are being repaired promptly. At the same time it is trying to prevent or reduce the intentional destruction of inventory and intends to continue paying attention to inventory maintenance in the future in order to project a positive and objective image of the facility maintenance. In Novo mesto Unit of Ljubljana Prison, it was proposed by the NPM that it ensure a clean recreation yard (by removing cigarette litter and installing at least two outdoor ashtrays to increase the yard’s appeal), we recommended that the living areas are promptly painted also in the future and we pointed out that the recommendations from the previous visit should also be carried out, namely new flooring should be laid, because the old one is worn-out and seems unclean, and the metal furniture should be replaced with new furniture. We also recommended that the broken shower be fixed and that it should be checked, whether the difficulties with warm water supply for showering still persist or whether related past issues have been successfully permanently resolved. We proposed that at least one of the rooms remain a non-smoking room, that the deficiencies in rooms no. 7 (no toilet seat on the toilet bowl), 12 (broken toilet bowl) and  8 (damaged toilet seat and toilet bowl) be remedied and that the damaged inventory and equipment be repaired promptly. In relation to the above mentioned the Prison Administration replied that there are two bins for separate collection of waste and one standing metal ashtray in the recreation yard and that the unit installed two additional standing metal ashtrays right after the visit of the NPM. The Prison Administration emphasised that the inmates are supposed to regularly tidy up the recreation yard, but nevertheless some continue to litter it with cigarette ends. Since this is the only outdoor space in prison with many inmates, the Unit covered the recreation yard with new sand and preserved a grass area in order to improve conditions. In relation to the painting of the rooms, the Prison Administration emphasized that the Unit followed the recommendation from the previous visit and ensured that the living areas are painted in various colour tones, that all living and accompanying areas are painted every year, and that the painting is prompt and continuous in relation to the Unit’s occupied space and poor state of the walls. However, in the section for detainees the detention room number 6 was not painted, because the alarm system needs to be installed first by a contractor. IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2013 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 81

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