Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
Considering the fact that several damaged items of equipment were noticed by the NPM during
the visit, and that applicants were allegedly responsible for such damage, it was believed that
consistent punishment of violators of house rules should also be necessary. It may be hard
to find out who the offenders are which is why, according to the NPM’s assessment, it would
be worthwhile considering preventive measures, such as for example, the more frequent
presence of a person perceived by applicants to be in authority (for example, a police officer).
According to the explanation by the Ministry of the Interior, appropriate sanctions are always
imposed in cases of violations of house rules; for example, in the form of a written warning,
temporary or permanent suspension of exit permits, a one-month prohibition on the payment
of the monthly allowance, or compensation of any potential damage as stipulated by Article
80.a of ZMZ, and, in extreme cases, also a measure whereby movement is restricted due to
causing danger to people and property. In a case of violent behaviour (fights, threats, etc.),
police are always summoned to the location of the event. Difficult cases of damage incurred
to property take place in practice, when an offender remains unknown and no sanctions can
be imposed. In 2011, there were 80 measures imposed due to violations of house rules in
accordance with Article 80.c of the ZMZ, compared to 57 in 2012, together with two measures
of restriction of movement due to damage posed to people and property. The Ministry of the
Interior also communicated that the NPM’s proposal would be examined and harmonized
with all units being part of the internal organisation within the Ministry.
An explanation was expressed during the visit that funds would be provided to employ
a psychiatrist as soon as possible. The Asylum Centre, in fact, still cannot provide the
assistance of a psychiatrist who could be present in the Asylum Centre. Such assistance
is currently provided as emergency medical aid in Vič Community Health Centre or at the
University Medical Centre Ljubljana. The Ministry of the Interior explained that they were
aware of the importance of regular psychiatric assistance provided to applicants within the
scope of the Asylum Centre since numerous applicants accommodated there had adaptation
issues and some even experience serious medical conditions (schizophrenia and similar).
Owing to this issue, the proposal for the act amending the International Protection Act has
envisaged explicitly including a psychotherapeutic treatment within the additional scope of
health care services since lack of such treatment had proved to be a deficiency in practice.
In the Ministry’s opinion, this option would enable the applicants to be suitably treated
since in the past, applicants were only guaranteed access to psychiatric treatment within
the regular health-care network, and, in urgent cases, in the Accident and Emergency Unit
of the University Medical Centre Ljubljana. Considering current experience and according
to expectations from the Ministry of the Interior, suitable psychotherapeutic treatment may
prevent numerous repetitive issues and provide for suitable regular treatment of established
issues (disturbances).
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
111
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