The NPM recommended that Danijel Halas Home in Velika Polana examine the possibility of verifying
the secure ward in accordance with the Mental Health Act and the Rules on staff, technical and premises
requirements for institutional care providers and Social Work Centres providing mental health services,
and on the verification procedure thereof.
In their reply to the preliminary report, the management of the home stated that they were planning
the verification within the deadline anticipated for the verification of secure wards in retirement homes.
The Ministry of Labour, Family, Social Affairs and Equal Opportunities noted that it had again informed
the management of the home of the possibility of verifying the secure ward and offered its assistance.
The NPM repeated its recommendation from 2013 that Danijel Halas Home in Velika Polana supplement
informative material for residents admitted to the secure ward, possibly with a brochure on dementia,
the particularities of house rules in the secure ward (e.g. exits from the ward), and above all, with a
brochure summarising the rights of persons in secure wards, names of mental health advocates and
their contact data, as determined in Article 16 of the ZDZdr.
In their reply to the preliminary report, the management explained that the recommendation had been
observed and the deficiency eliminated.
During its visit in 2013, the NPM proposed that Danijel Halas Home in Velika Polana act according to the
ZDZdr when limiting rights under Article 12 of the ZDZdr. Since we were unable to determine during our
recent visit whether the conduct when limiting individual’s rights provided in Article 12 of the ZDZdr had
changed, we repeated the recommendation.
In their reply to the preliminary report, the management of the home stated that they had supplemented
the records on limiting rights in the secure ward.
We recommended that the Danijel Halas Home in Velika Polana respect the decision of the Constitutional
Court of the Republic of Slovenia on the partial annulment of Article 74 of the ZDZdr, since it was
delaying the observance of the arrangement in the transitional period at the time of the NPM’s visit.
In their reply to the preliminary report, the management of the home stated that they had also observed
other proposals (including the relevant proposal) provided in the report, and had eliminated the
deficiencies.
The NPM recommended that Danijel Halas Home in Velika Polana supplement the consent for detention
in the secure ward accordingly and thus explicitly inform residents giving their consent about the
possibility of revoking the consent in any available way (verbally, in writing or by means of conclusive
actions).
In their reply to the preliminary report, the management explained that the recommendation had been
observed and the deficiency eliminated.
We recommended that Danijel Halas Home in Velika Polana observe the deadlines determined by the
ZDZdr for the decision making of the courts. In the event of deadlines being exceeded, we proposed
that the home inform the court of the aforementioned, or it could also inform the Ombudsman. We
also pointed out that it was not permissible under the applicable ZDZdr to place residents in the secure
ward with no legal basis (i.e. without the resident’s consent or a court decision; in the case of persons
with revoked legal capacity, they may be placed in secure wards for no more than eight days without the
consent of their legal representative).
In their reply to the preliminary report, the management of the home stated that they had also observed
other proposals provided in the report, and had eliminated the deficiencies.
46
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016
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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