Visits to places of deprivation of liberty
recommendations), living conditions (31 recommendations), other (eight recommendations), record
and documentation (64 recommendations), discussion and forms of work (six recommendations), staff
(six recommendations), legal protection and complaints channels (33 recommendations), general (six
recommendations) and health care (one recommendation).
From a total of 158 recommendations, 96 were accepted and realised, 39 were accepted, but
not yet realised, and the Ministry of the Interior failed to state its position with regard to one
recommendation, while 17 were not accepted. Regarding five recommendations given during our visit
to Ormož Police Station (visited on 5 December 2018), we have not yet received a reply from the Ministry
of the Interior (January 2019) and the data about the realisation of these recommendations were thus
not observed.
The aforementioned reveals that many NPM recommendations were accepted and also realised. The
recommendations requiring more time for their realisation, or the elimination of the established
deficiencies, remained unrealised (e.g. recommendations referring to the elimination of deficiencies
when planning major maintenance works – access to running water in detention rooms, arrangement
of a workplace of a duty officer, etc.).
With regard to the recommendations which were not accepted, it was determined that they referred
to the re-introduction of an ongoing duty service at a police station, additional installation of a video
surveillance system at premises where persons deprived of their liberty are located (e.g. corridors
leading to detention rooms) or the provision of equipment for audio and video recording of hearings.
We also forwarded 14 systemic recommendations relating to various fields. One systemic
recommendation (to Ljubljana Police Detention Centre) stated that the premises where persons
deprived of their liberty stay outdoor in the fresh air (recreation area) be equipped as per paragraph
two of Article 23 of the Rules on Standards for the Construction and Equipment of Police Premises
Used for Detention, i.e. with a suitable ashtray. In connection with this recommendation, the Ministry
of the Interior replied that ashtrays were already being installed at all recreation areas and would be
completed by the end of 2018.
Other systemic recommendations were submitted during thematic visits to Črnomelj, Ilirska Bistrica
and Metlika police stations. The NPM expressed its expectation that its findings and well-intentioned
proposals or recommendations would help the Police in otherwise very responsible and challenging
work in the relevant field. We also expressed the expectation that our recommendations would
contribute to the elimination of detected deficiencies or irregularities and the preparation of suitable
guidelines for its work. The NPM also believed that more attention must be dedicated in the future
to monitoring these procedures, particularly to independent, impartial and professional discussion
of complaints against police officers, and also when processing migrants or refugees. The need to
enhance awareness of the importance of the role of civic and other supervision of the police procedures
must not be neglected, and on the basis of findings, it is necessary to strive to improve the standards
of protection of human rights in all police procedures.
In addition to recommendations, the NPM also drafted joint or concluding observations, i.e.:
1. Identification of applicants for international protection within mixed migrant flows
Refugees or asylum seekers are part of migrant flows and may move from one country to another
together with other people whose reasons for migration are different and are not linked with protection.
People travelling in this way frequently endanger their lives and the lives of their family, and travel in
inhuman conditions exposed to exploitation and abuse. It must thus be highlighted that the countries,
States Parties to the Convention Relating to the Status of Refugees (the Geneva Convention), assumed
the responsibility to protect refugees. The observance of the Convention is in the interest of countries
and the international community.
For suitable implementation of international commitments and national legislation in this field,
countries must adopt measures to identity persons in need of protection and provide suitable and
different solutions for those who do require protection. Irrespective of the number or an increased
number of persons handled by the country or its authorities, the same standards of protection must
be guaranteed to persons who need protecting. The Slovenian legislation clearly divides competences
between the Police as the authority responsible for surveillance of the state border and discussion
of foreigners when (illegally) crossing the border, and the Migration Office within the Ministry of the
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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