Implementation of Duties and Powers of the National Preventive Mechanism in 2010
After each visit, the DPM prepares an exhaustive report on its findings, which also covers
proposals or recommendations for the elimination of irregularities and for the improvement
of the situation, including measures to reduce potential for improper treatment in the future.
In preparing the report, each member of the visiting group makes a brief written contribution.
The Ombudsman’s representative is usually responsible for the final report, or, by agreement,
a participating person from a selected non-governmental organisation.
An inspection report includes all circumstances related to providing and respecting physical
and mental integrity and human dignity throughout the period of incarceration. Also in
2010, the main theme of each visit report was respect for the prohibition of torture and
the inhumane or degrading treatment of persons deprived of liberty.Our recommendations
primarily relate to the physical conditions in institutions where persons deprived of liberty are
or could be accommodated (such as potential overcrowding, cell/room size, light, ventilation,
cleanliness, food, etc.) and in cases of untried prisoners and prisoners, to arranging detention
and prison sentences (such as options of work, education, other leisure activities, contact
with the outside world: visits, phone calls, benefits), the efficiency of appeal proceedings,
accessibility of judicial protection and health care, and information on rights, etc.
The activities of the DPM, based on regular visits to places of incarceration, make it an
extrajudicial means of prevention in the field of protecting persons deprived of liberty from
torture and other forms of cruel, inhumane or degrading treatment or punishment. The
recommendations of the DPM based on the findings of visits to individual institutions are
the main aims of visits. However, the DPM has no special (executive) means to implement
recommendations to improve conditions and the treatment of persons deprived of liberty.
Implementing DPM recommendations is a commitment of the State Party to the Optional
Protocol, the competent authorities of which must (according to Article 22) address the
recommendations of the DPM and establish a dialogue with it on potential measures to
implement their recommendations.
Also in 2010, we had no difficulties in visiting incarceration facilities. We observe that prisons
and police offices in particular are well-informed of the duties and powers of the DPM, and
cooperation with the Prison Administration (UIKS), or the Ministry of Justice (MP), respectively,
and the Ministry of the Interior (MNZ) in this field was exemplary. However, we would like
better cooperation with the Ministry of Health(MZ), or the Expanded Professional Board of
Psychiatry at this ministry, the Ministry of Labour, Family and Social Affairs (MDDSZ) and
the Ministry of Education and Sport (MŠ), and we would especially like them to respond to
our recommendations concerning visits to institutions within their field of work.
The realisation of DPM recommendations to improve the conditions and treatment of persons
deprived of liberty, and the prevention of torture and other forms of cruel, inhumane, degrading
treatment or punishment are indicated in the following sections, where the main findings of
our visits, recommendations and responses are presented. We note that the institutions
visited and the superior bodies generally accept our findings and have raised no objections,
but the realisation of our recommendations varies considerably. Some are implemented very
quickly, while others require systemic changes, so they are not expected to be realised in the
short-term. Nevertheless, we will continue to insist on their implementation.
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
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