1
Implementation of the duties and powers of the national preventive mechanism in 2018
IMPLEMENTATION OF THE DUTIES
AND POWERS OF THE
NATIONAL PREVENTIVE MECHANISM
IN 2018
1.1 INTRODUCTION
1.1.1 General
In this report, the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) presents the
implementation of duties and powers of the National Preventive Mechanism (NPM) in 2018 under
the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (Optional Protocol) adopted by the UN General Assembly at is 57th session
on 18 December 2002 and opened for signature on 4 February 20031. The Optional Protocol introduces a
system of regular (preventive) visits by independent international and national authorities to places
where people are deprived of their liberty2 in order to prevent torture and other forms of cruel,
inhuman or degrading treatment or punishment.3
At the international level, the Subcommittee on Prevention of Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (SPT) was established as per the Optional Protocol. Every signatory
state to the Protocol undertakes to establish, appoint or maintain an authority or several authorities at
the national level to implement visits in order to prevent torture and other cruel, inhuman or degrading
treatment or punishment (NPM).4
In the course of implementing its tasks and powers, the NPM visits all locations in the country where
persons are deprived of their liberty and inspects how such persons are treated in order to strengthen
their protection against torture and other cruel, inhuman or humiliating treatment or punishment.
While observing suitable legal norms, the NPM makes recommendations to the relevant authorities
to improve the conditions and treatment of people and prevent torture and other forms of cruel,
inhuman or degrading treatment or punishment. In this regard, the NPM may also submit proposals
and comments to the applicable or drafted acts.5
The Ombudsman was entrusted with important additional duties and powers of the NPM in 2006 with
the Act ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman
1 The Optional Protocol entered into force for Slovenia on 22 February 2007; see the Official Gazette of the Republic of Slovenia [Uradni list RS],
No. 17/07.
2T
he place of deprivation of liberty is determined in Article 4 of the Optional Protocol.
3S
ee Article 1 of the Optional Protocol.
4A
rticle 17 of the Optional Protocol stipulates: “Each State Party shall maintain, designate or establish, at the latest one year after the entry into
force of the present Protocol or of its ratification or accession, one or several independent national preventive mechanisms for the prevention
of torture at the domestic level. Mechanisms established by decentralised units may be designated as national preventive mechanisms for the
purposes of the present Protocol if they are in conformity with its provisions.”
5S
ee Article 19 of the Optional Protocol.
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
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