with the applicable regulations on assistance and cooperation under international law and
the law of the European Union.
A national court may, among other, refuse recognition of a decision on supervision
measures if there are objective reasons to believe that a supervision measure is issued
against the accused for the purpose of punishing him or her on the grounds of his or her
sex, race, religion, ethnic origin, nationality, language, political belief or sexual
orientation, or that such person's status may be prejudiced for any of these reasons.53 The
provision corresponds to the wording of Recital 16 of the ESO Framework decision. The
ground of disability is not included in this list.
If the nature of a supervision measure imposed by a competent authority of the issuing
State is incompatible with the law of the Republic of Slovenia, a national court may adapt
such a measure, taking into account the supervision measures by the national law.54 The
adapted supervision measure must, in its nature, correspond to the supervision measure
imposed by the competent authority of the issuing State as far as possible, and must not
exceed the severity of such measure. No caselaw regarding the adaptation of the
supervision measures in cases concerning persons with intellectual and/or psychosocial
disabilities could be identified.
Absence of case-law
No case law related to the implementation of the obligation to undergo therapeutic
treatment or treatment of addiction could be identified. No case-law regarding cases in
Slovenia concerning persons with intellectual and/or psychosocial disabilities where ESO
was refused on fundamental rights grounds could be identified. None were reported by
our interviewees.
Findings from interviews and national roundtable discussions
When it comes to the execution of these measures, it was pointed out during the
conducted interviews in the field research that there is an issue in the practical
application of security measures of psychiatric treatment at liberty (which should
53
Article 108(1)(8) of the Cooperation in Criminal Matters with the Member States of the
European Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske
unije), 23 May 2013.
54
Article 110 of the Cooperation in Criminal Matters with the Member States of the European
Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23
May 2013.
22
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