Implementation of the duties and powers of the national preventive mechanism in 2018
from the case-law of the European Court of Human Rights). For effective implementation of its work, the
NPM should be informed about all cases of suicides and their attempts or self-inflicted injuries, while the
authorities are obliged to draft a suitable strategy to prevent suicide if it has not been established yet. The
task of the NPM is to monitor its implementation and propose additional measures to prevent suicide if
this is necessary.
On 12 December 2018, Deputy Ombudsman Ivan Šelih and the Ombudsman’s adviser, Robert Gačnik,
attended a meeting of the network organised by the Protector of Human Rights and Freedoms of
Montenegro in their role of conducting duties and powers of the NPM during their presidency and
with the support of the Council of Europe (within the project of Effective Alternatives to Detention in
the Context of Migration) in Podgorica in Montenegro. The purpose of the meeting was to exchange
experience when detaining migrants and the issue of its alternatives. The meeting also served as
an opportunity for an interactive discussion on legal and practical aspects of detaining migrants and
effective alternatives, while observing regional and national practices and standards of the Council of
Europe and decisions of the European Court of Human Rights.
The event in Podgorica ended with recommendations:
1. Detention of migrants must be the ultimate measure determined in a case-to-case basis and under
the condition that all other options have been exhausted. The NPMs thus propose several different
alternatives to detention.
2. The alternatives may include restriction of the freedom of movement. In such cases, the task of the
NPMs is to supervise conditions and the treatment of persons deprived of their liberty in order to
prevent further restrictions. The NPMs also observe whether such persons have full access to health
care and that they are informed of their rights in a language they understand.
3. The best interest of children must be in the forefront when considering their situation. The NPMs must
see to it that children are not detained prior to deportation, and that the highest level of protection is
ensured for them and other vulnerable groups and individuals.
At the end of the meeting where the members of the SEE NPM Network agreed on their future work,
they also selected a new chair of the Network, i.e. the Macedonian NPM. The Legal Working Group will
be further led by the Austrian NPM and the Medical Working Group by the Serbian NPM in 2019.
1.1.6 Conclusion
For the most part, we are pleased with the response of the competent authorities (particularly
of institutions visited) to our findings and recommendations for improving conditions since they
regularly respond to them and express readiness for cooperation. We find that the institutions visited
try in particular to adopt all the measures needed for improvements which are in their domain. We
furthermore strive to further enhance and deepen cooperation with the relevant ministries, particularly
regarding issues which demand systemic changes.
It is encouraging that the NPM did not establish any cases of torture or other cruel punishment or
treatment during the visits in 2018. With recommendations for improving the situation, the NPM
points to examples which could denote inhuman or degrading (ill-)treatment of persons deprived
of their liberty. On that note, we must again mention overcrowded special social care institutions, the
result of which are unsuitable living conditions and inappropriate treatment of persons accommodated
there, and excessive workload of the staff taking care of those persons. Irrespective of a special report
and the Government’s conclusions, the situation in this field did not improve in 2018 and remains a
cause for concern. On the basis of findings determined when visiting these institutions, we encourage
the arrangement of secure wards intended particularly for residents with dementia which would ensure
their improved treatment. In the field of social care institutions linked with the application of the ZDZdr,
we still detect problems relating to the observance of defining a secure ward, admission of persons
to these wards, provision of sufficient staff, application of special protection measures and others.
When dealing with the issue of fire safety, retirement homes should pay more attention to persons with
dementia, particularly regarding their evacuation since residents due to their health condition will not
know alone how to act accordingly or they will not be able to ascertain where the fire escape routes are.
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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