Appendix:
3. When amendments come into force, they shall be binding on those States Parties that have accepted
them, other States Parties still being bound by the provisions of the present Protocol and any earlier
amendment that they have accepted.
Article 35
Members of the Subcommittee on Prevention and of the national preventive mechanisms shall be
accorded such privileges and immunities as are necessary for the independent exercise of their functions.
Members of the Subcommittee on Prevention shall be accorded the privileges and immunities specified
in section 22 of the Convention on the Privileges and Immunities of the United Nations of 13 February
1946, subject to the provisions of section 23 of that Convention.
Article 36
When visiting a State Party, the members of the Subcommittee on Prevention shall, without prejudice
to the provisions and purposes of the present Protocol and such privileges and immunities as they may
enjoy:
(a) Respect the laws and regulations of the visited State;
(b) Refrain from any action or activity incompatible with the impartial and international nature of their
duties.
Article 37
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be de posited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol
to all States.
Article 3
The Ministry of Justice shall be responsible for the implementation of the Protocol.
Article 4
In connection with Article 17 of the Optional Protocol to the Convention against Torture or Other
Cruel, Inhuman or Degrading Treatment or Punishment the Republic of Slovenia hereby makes the
following statement: “The competences and tasks of national preventive mechanism under the Optional
Protocol, in compliance with Article 17 shall be carried out by the Human Rights Ombudsman, and
with his agreement also non-governmental organisations registered in the Republic of Slovenia and
organisations that have obtained the status of humanitarian organisations in the Republic of Slovenia.”
Article 5
1. The tasks and authorities of national preventive mechanism under this protocol shall be performed
by the Human Rights Ombudsman. In carrying out monitoring at places of detention and checking
the treatment of persons who have been deprived of their liberty, non-governmental organisations
registered in the Republic of Slovenia and organisations that have obtained the status of humanitarian
organisations in the Republic of Slovenia, which deal with the protection of human rights or fundamental
freedoms, especially in the field of preventing torture and other cruel, inhuman or degrading treatment
of punishment, may cooperate with the Ombudsman in carrying out the tasks and authorities of the
Ombudsman under this protocol.
2. Organisations that will cooperate in the implementation of tasks and authorities under the provisions
of the previous paragraph shall be chosen on the basis of public tender, which will be held by the
Ombudsman, who will also decide on the choice of organisations. The content of the public tender
must be in compliance with Article 4 of this Act and statutory regulations issued on the basis of the
fourth paragraph.
3. Persons from the selected organisations who will cooperate in implementing the tasks and authorities
of national preventive mechanism under this Protocol shall provide a prior written declaration that
in performing these tasks and authorities they will work according to the instructions of the Human
Rights Ombudsman and work according to regulations on the protection of the confidentiality of
personal and confidential information, as these apply for the Ombudsman and his deputies and staff.
4.
Necessary costs and rewards of persons from organisations that perform tasks or implement
authorities under the first paragraph shall be paid by the Human Rights Ombudsman from budget
66
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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