Implementation of the duties and powers of the national preventive mechanism in 2018
The Act ratifying the Optional Protocol also stipulates that the persons from selected organisations
which will be participating in the implementation of duties and powers of the NPM have to provide a
preliminary written statement that when implementing these duties and powers they will observe the
Ombudsman’s instructions and regulations on the protection of personal and confidential data, which
are also applicable to the Ombudsman, deputies and staff.
The Act on Ratification also determines that the costs and remuneration of persons from organisations
conducting tasks or implementing powers of the NPM are covered by the Ombudsman from its budget
headings according to the rules issued on the basis of the prior consent of the minister responsible for
finance.8
In 2018, we continued our cooperation with the representatives of organisations which applied to
the 2014 call for participation in implementing duties and powers of the NPM in the 2015–2017 period
with the possibility of a one-year extension. We cooperated with Novi paradoks (NP), the Pravo Za
VSE Humanitarian Society (Pravo za VSE), Caritas Slovenia (Caritas), SKUP – Community of Private
Institutes (SKUP), the Legal-Informational Centre for NGOs (PIC), the Peace Institute (MI) and the
Slovenian Federation of Pensioners’ Associations (ZDUS).
The selected NGOs conduct visits and implement the tasks and powers of the NPM with their staff trained
in individual fields of supervision as members of the group appointed by the Ombudsman for each
individual visit separately. Every group implementing supervision is thus composed of representatives
of the Ombudsman and the selected organisations who observe the programme of visits adopted by
the Ombudsman in cooperation with the selected organisations. If necessary, other circumstances
demanding an immediate visit are also taken into account.
1.1.3 Visits to places of deprivation of liberty
In the role of the NPM, the Ombudsman visits (while observing its annual programme of visits) all
locations in the Republic of Slovenia where persons are deprived of their liberty, and inspects how
such persons are treated, in order to strengthen their protection against torture and other forms of
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, it may also submit proposals and
comments on applicable or drafted acts.
Official places of deprivation of liberty in the Republic of Slovenia include in particular:
- prisons and all their units, including Radeče Juvenile Correctional Facility,
- educational institutions,
- certain social care institutions – retirement homes and special social care institutions,
- psychiatric hospitals,
- detention rooms at police stations and Ljubljana Police Detention Centre,
- Aliens Centre in Postojna and the Asylum Centre in Ljubljana,
- detention rooms operated by the Slovenian Armed Forces, and
- all other locations as per Article 4 of the Optional Protocol (for example, police intervention vehicles,
etc.).
The first visit to an institution (i.e. Radeče Juvenile Correctional Facility) was conducted by the Slovenian
NPM on 19 March 2008. In that year, we visited 35 different institutions (police stations, prisons,
psychiatric hospitals, retirement homes and others); in the following years, we have undertaken some
40 visits annually. In recent years, the number of visits has increased significantly; in all ten years, we
have undertaken a total of 526 visits.
In 2018, we visited 81 places of deprivation of liberty (certain locations several times), i.e.32 police
stations and Ljubljana Police Detention Centre, six prisons, the Asylum Centre (reception premises),
three psychiatric hospitals, four special social care institutions, 24 social care institutions (retirement
homes) and 11 residential treatment institutions (including a special education institution).
8The new Rules were published in the Official Gazette of the Republic of Slovenia [Uradni list RS], No. 13/17.
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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