VISITS TO RESIDENTIAL TREATMENT INSTITUTIONS, YOUTH HOMES AND THE SPECIAL EDUCATION, WORK AND CARE CENTRE
countries of origin are also meagre, but these may be an important factor when intending to apply for
international protection.
When reviewing documentation, it was not evident in certain cases if foreigners received any oral
explanations about reasons for their return. For example, they were not informed that Slovenian
authorities must extradite them to foreign security authorities because they failed to apply for
international protection in the Republic of Slovenia.
The NPM thus recommended the adoption of measures for more consistent documenting of all
circumstances in police procedures involving foreigners (including their statements on reasons for
leaving their home countries), which would later allow an insight into the correctness and legality
of the decisions made. Police officers should namely conduct and record the procedures in such a
way as to leave no doubt about whether a foreigner processed by a police officer wanted to file an
application for international protection.
5. Foreigners’ access to legal assistance
The right to legal assistance is a fundamental procedural guarantee as per Directive 2013/32/EU on common
procedures for granting and withdrawing international protection (Asylum Procedures Directive).
A detained person has the right to select a legal representative of which they must be particularly
informed. It was impossible to deduct from the documentation reviewed whether the processed
foreigners understood this right. The NPM saw the key issue in this regard also in unsuitable translations
of brochures about the rights of detained persons since it was revealed after the analysis of the Arabic and
Farsi translations that the texts were not correctly or semantically suitably translated. The NPM asked
the Police to provide new, appropriate and terminologically correct translation of all information for
foreigners in police procedures and eliminate doubt about the actual protection of the rights of these
persons in procedures of restricting liberty.
3.7 V
ISITS TO RESIDENTIAL TREATMENT
INSTITUTIONS, YOUTH HOMES AND THE SPECIAL
EDUCATION, WORK AND CARE CENTRE
All eleven visits to nine institutions (two were visited twice) were unannounced; four were thematic,
four regular and three control. A representative of the Serbian NPM and a representative of the Bosnian
Ombudsman attended seven visits as external observers.
Until the submission of this report (beginning of January 2019), the NPM gave six institutions 23
recommendations, of which seven recommendations were systemic (four recommendations were the
same as those relating to thematic visits), 15 were general and one targeted a specific issue.
Systemic recommendations were particularly addressed to the Ministry of Education, Science and
Sport (MIZŠ), and one recommendation to social work centres. For example, the NPM thus proposed
to the Ministry to determine a binding and active participation of parents at training for responsible
parenting as a legal obligation. In the second recommendation, the NPM proposed that the Ministry reexamine technical standards and spatial conditions for residential, intensive and educational groups,
and draft regulations applicable directly in residential treatment institutions and youth homes.
Managements in all institutions highlighted that reasons for accommodating children and adolescents
have changed significantly in recent years. More and more children and adolescents are diagnosed with
several mental disorders. An exceptional number have severe and profound attention deficit disorders
with hyperactivity, autism spectrum disorders, mood disorders and frequent secondary associated
behavioural and emotional disorders. Many have abused psychoactive substances. Abuse (sexual,
psychological, etc.) and various traumatic experiences leading to post-traumatic stress disorders and
personality disorders are also not rare. Institutions also accommodate children and adolescents with set
patterns of aggressive and manipulative behaviour. As a rule, it is these children and adolescents who
44
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2018
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents