4 COMPILATION OF THE OMBUDSMAN’S RECOMMENDATIONS IN 2015
24.
The Ombudsman expects that the Ministry of
Health will prepare suitable amendments to the
ZDZdr relating to the admission of persons with
revoked legal capacity to secure wards of social care
institutions as soon as possible.
30.
The Ombudsman recommends that the Government
of the Republic of Slovenia adopt measures to
enhance respect for the best interests of alien minors
by improving their accommodation possibilities
in institutions suitable for the accommodation of
minors, instead of the Aliens Centre.
31.
The Ombudsman recommends that police officers
pay special attention to their verbal behaviour in
procedures with aliens.
JUSTICE
25.
The Ombudsman supports the organisation of an
annual meeting of all stakeholders implementing
the ZDZdr.
32.
The Ombudsman recommends that all courts take
necessary measures to ensure the actual observance
of deadlines which were determined for decision
making as per the ZVPSBNO.
26.
The Ombudsman recommends the consideration
of the issue of the payment of costs for the care of
persons in secure wards of social care institutions
accommodated on the basis of court decisions.
33.
In dialogue with the judicial authority and the expert
public, the Ministry of Justice should continue to take
well-considered legislative measures to ensure the
protection of the right to trial without undue delay.
27.
The Ombudsman recommends that the Ministry
of Labour, Family, Social Affairs and Equal
Opportunities in cooperation with other competent
bodies promptly provide suitable conditions for the
accommodation of minors in secure wards of social
care institutions according to the provisions of the
ZDZdr.
34.
The Ombudsman again encourages further
strengthening of the efficiency of supervisory
authorities to ensure high quality in the work of court
and of trails. The Ombudsman also recommends
that the Ministry of Justice and courts study the
existing mechanisms for the supervision of the work
of judges, especially their efficiency, and on this
basis, take possible additional measures to improve
the work of the courts and their integrity.
28.
The Ombudsman recommends that the Ministry of
Education, Science and Sport in cooperation with
other competent bodies find solutions to enable
the comprehensive treatment of children and
adolescents, including more problematic ones.
29.
The Ombudsman recommends that social and
educational professionals from all institutions
prepare expert groundwork and uniform guidelines
for an educational plan in educational institutions for
the suitable and uniform treatment of adolescents
with explicitly deviant behaviour, with instructions
on suitable educational measures to prevent major
differences between adolescents who violate house
rules.
222
37.
The Ombudsman recommends that courts diligently
consider cases for judicial protection. The courts
and all other minor offence authorities should
consistently comply with fundamental constitutional
guarantees of fair trial during their decision making.
38.
The Ombudsman further encourages the prosecution
service to continue to provide speedy and effective
criminal prosecution of perpetrators of criminal
offences, and to adequately inform injured parties of
clear reasons for decisions for the potential rejection
of indictments or suspension of prosecutions.
39.
The Ombudsman recommends greater involvement
of state prosecutors when directing police officers
during investigating and securing traces of criminal
offences and when implementing other activities
necessary for state prosecutors to make decisions.
Furthermore, the state is obliged to provide
conditions for the efficient functioning of law
enforcement authorities (including suitable staff).
40.
The Ombudsman calls on the Bar Association of
Slovenia to further ensure an effective response to
irregularities among their own members by taking
efficient action in their disciplinary bodies and
providing swift and objective decision making on
reports filed against attorneys.
41.
The Ombudsman recommends reviewing the
provisions of the Notary Act on the disciplinary
responsibility of notaries.
35.
The Ombudsman recommends that the Ministry of
Justice examine whether the existence of a serious
risk of violations of the prohibition of torture is to be
entered in the ZSKZDČEU-1 as one of the reasons for
refusing to surrender a person.
POLICE PROCEDURES
36.
The Ombudsman recommends that an amendment
to a regulatory basis be considered so that a
proposer of a disciplinary procedure against an
enforcement agent is also informed about the status
of their proposal.
43.
The Ombudsman recommends that the Ministry of
the Interior and the Police further encourage police
officers to respect the personality and dignity of
persons when implementing police tasks and treat
persons who require additional attention with special
care. Police officers must be fair in their relationships
with persons in procedures (also verbally), and their
procedures (also in minor offence cases) must be
professional and lawful at all times.
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
42.
The Ombudsman expects the Government of the
Republic of Slovenia to make suitable improvements
to the working conditions of police officers.
44.
The Ombudsman expects the Ministry of the Interior
to observe the Ombudsman’s comments or state its
position on them when continuing the preparation of
amendments to the ZNPPol.
45.
The Ombudsman recommends the Ministry of the
Interior and the Police to verify in practice the receipt
of complaints against the work of police officers and
then adopt any measures needed to improve the
situation.
46.
The Ombudsman encourages the Ministry of the
Interior to continue devoting the required attention
to monitoring conciliation procedures and training its
providers.
47.
The Ombudsman recommends that the Ministry
of the Interior always carefully consider and
substantively justify decisions on not discussing
complaints at the senate session.
48.
The Ombudsman already recommended that the
Ministry of the Interior prepare such amendments to
Article 58 of the ZZasV-1 upon its first amendment
so that various interpretations are not permitted
when dealing with a criminal offence that is being
prosecuted on a basis of an order.
ADMINISTRATIVE MATTERS
49.
The Ombudsman requires that the Ministry of the
Interior promptly prepare amendments to the
Residence Registration Act, and regulate the field of
legal residence anew to prevent individuals who have
lost their dwellings from also losing their registration
of residence and all other related rights.
50.
The Ombudsman again calls on the Government
of the Republic of Slovenia to adopt a suitable
strategy and schedule specific measures to enable a
regulated and lawful situation regarding the general
issue of municipal and state roads.
51.
The Ombudsman recommends that the Government
drafts statutory amendments as soon as possible
which will prevent the registration of illegal
structures in the land register. The state must
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
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4 COMPILATION OF THE OMBUDSMAN’S RECOMMENDATIONS IN 2015
23.
The Ombudsman calls on the Ministry of Labour,
Family, Social Affairs and Equal Opportunities to
promptly adopt all necessary measures to realise the
recommendations in this field in cooperation with
other competent authorities, and to ensure sufficient
facilities and suitability of institutions for the
accommodation of persons in social care institutions
on the basis of court decisions.
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