2.3.8 Aliens and applicants for international protection 2.3 RESTRICTION OF PERSONAL LIBERTY In 2015 we received no complaints in the field in which we discuss possible complaints by aliens dealing with the restriction of movement or deprivation of liberty. The consideration of an issue based on our own initiative with regard to assuring the proper placement of unaccompanied alien minors and families with alien minors is presented below (consideration of this matter was not completed in 2015). Other findings concerning complaints made by aliens and issues related to migrants/refugees encountered at the end of 2015 are included in the chapter on administrative matters; issues concerning foreign citizens, and the visit of the NPM to the Aliens Centre (Centre) and the visit to the location for the receiving and placing migrants/ refugees is subject to a special report on the implementation of the duties and powers of the NPM. In 2015, we met representatives of the United Nations High Commissioner for Refugees (UNHCR) and exchanged opinions and findings on the treatment of aliens in Slovenia. In the report for 2014, we commended the adoption of the legal basis for monitoring the removal of aliens in accordance with the amended ZTuj-2A, which determines the legal basis for the monitoring system of (forced) removal of aliens for the purposes of implementing Council Directive 2008/115/EC as of 16 December 2008 on common standards and procedures in Member States for returning illegally residing third-country nationals (Return Directive), and expressed the expectation that the act would be enforced (recommendation no. 35). This expectation has been partially realised. In 2015, the public tender to select an organisation to monitor the removal of aliens and to monitor the removal of aliens from the Republic of Slovenia was published; Caritas Slovenia was selected. This organisation has cooperated with the Ombudsman on the implementation of the tasks and powers of the NPM, which also refer to aliens deprived of their liberty. The Ombudsman will discuss possible cooperation with the organisation and monitor its work. When considering complaints and the implementation of tasks and powers of the NPM, the Ombudsman has observed problems in assuring the appropriate placement of unaccompanied minors and alien families with minors. Since our recent warnings and recommendations for improving the situation in this area have not led to any satisfiable progress, we contacted the Government of the Republic of Slovenia in August 2015 upon our own initiative, because we believe that this involves the resolution of issues that affect several national authorities and need immediate response. Proper treatment of aliens – migrants/refugees The Ombudsman contacted the Ministry of the Interior with regard to the alleged bad practices of individual police personnel in the field when receiving migrants/refugees. Based on information received and interviews, the Ombudsman assessed that special attention should be given to these issues, since the information was worrying and demanded an appropriate response. The Ombudsman stressed that the fact that certain bad practices have been emphasised does not mean that the situation is generally bad and that there are no examples of good practice, which the Ombudsman’s personnel have witnessed themselves on numerous occasions while monitoring particular centres and performing visits in the field. 58 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 We have pointed out that the Constitution of the Republic of Slovenia emphasises that human personality and dignity must be guaranteed in criminal and all other legal proceedings, as well as during deprivation of liberty and the enforcement of punitive sanctions. It also prohibits any form of violence against persons with limited liberty (Article 21 of the Constitution of the Republic of Slovenia), including torture, inhuman and degrading punishment or treatment (Article 18 of the Constitution of the Republic of Slovenia). It must be taken into consideration that migrants arriving in Slovenia may have many personal problems, that they have been travelling for a long time, and that they are helpless because they are in a foreign environment, all of which calls for the utmost tolerance and understanding. For these reasons, they may be impatient and irritated, which is also evident in their attitude to the personnel who deal with them. The Ombudsman is certain that personnel – especially police officers – who deal with refugees must be diligently selected and qualified to be able to reduce tensions with appropriate communication and human relations, thus contributing to the better well-being and safety of all people in a certain location. Therefore, they should be regularly reminded of the commitment to treat refugees appropriately (especially verbally) and that any irregularity will be properly and firmly sanctioned. It would be disappointing if some unsuitable conduct of individual police officers, perhaps only verbal or symbolic, were to tarnish the efforts of other police officers who are dedicated to their work with refugees on a daily basis. The Ombudsman also emphasised the difficult working conditions of police officers (they normally work in 12-hour shifts and frequently commute to work from distant locations (for two or more hours); they are deprived of sleep, tired, separated from their families for a lengthy periods, receive low salaries and often insufficient information about the course of work, the arrival of new groups etc., and therefore they are constantly uncertain, which can be expressed in their relations with aliens). Thus, the Ombudsman asked the Ministry to examine relevant cases and, if necessary, take additional measures to improve the situation in this field, perhaps by enhanced supervision of police officers’ work, decisive responses from superiors to any verbal or physical threats made by officers under their command. The Ombudsman believes that special (additional) training of police officers for working with large crowds and special preparation of police officers to work with migrants of other nationalities, religions and cultures, including how to communicate without the use of (verbal) intimidation, should be considered, and that additional measures aimed at reducing language barriers when communicating with aliens should be adopted. The Ministry of the Interior replied that the Slovenian police had striven to respect all human rights during the increased influx of migrants. Instructions were sent to all police administrations with regard to the proper conduct of police officers in procedures involving aliens, and their work is constantly monitored and supervised by the General Police Directorate. An informative brochure was also prepared for the purpose of informing aliens on their rights and police proceedings. During the period when the number of migrants increased, the Ministry of the Interior observed minor irregularities which are continuously being eliminated, while at the same time they make every effort to prevent irregularities in the future. When working with aliens, they collaborate with NGOs and humanitarian organisations, and they have not been notified of any major violations or irregularities in the work of police officers. The Ministry of the Interior was also neither informed of, nor did it detect, any concrete irregularities in their conduct towards aliens. After receiving information from the Ministry of the Interior, the Ombudsman’s findings were sent to all police administrations, which were also warned about the established irregularities. They were also ordered to ensure a suitable organisation or work in order to prevent unnecessary problems. The management of police units were also ordered to inform police officers of correct communication prior to the commencement of their work or their deployment. Members of the Ethics and Integrity Committee of the police were also invited to participate in deployment. The Ministry of the Interior also informed us that the police had organised various training programmes for officers dealing with aliens over the years. All training programmes include content on human rights and the protection of freedom, and some also include content on communication and conflict management. ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 59 2.3 RESTRICTION OF PERSONAL LIBERTY The Ombudsman believes that the option of separating institutions which admit children and adolescents who are offenders from those accommodating children and adolescents because of the poor conditions in their families, parental neglect, the death of their parents or severe emotional, behavioural disorders, and also psychiatric disorders (which are increasingly common) should be examined. As already mentioned, the possibility of organising accommodation and educational work in small independent units should be considered for groups of children and adolescents who are juvenile offenders (e.g. residential groups in various and mutually remote locations). The concept of classic educational work in residential treatment institutions (classic organisation model and functioning of a residential treatment institution) with 40 or more children or adolescents should be re-examined for possible obsolescence or adequacy in the current situation and present problems of the young, and also if experts with the current type and level of education are still qualified to work with them.