Ombudsman documents
Article 4
Persons from the selected organisations may not cooperate in performing monitoring who
have been finally convicted to an unconditional prison sentence lasting more than 3 months
or persons against whom a final charge has been filed because of a criminal offence which
is prosecuted ex officio.
Similarly, persons from the selected organisations who are in any way connected with an
institution at an individual place of detention may not take part.
Article 5
Persons from the selected organisations who will cooperate with the Ombudsman in
implementing the tasks and exercising the authorities of national preventive mechanism
must provide a prior written declaration that in performing tasks and exercising authorities
they will cooperate according to the instructions of the Human Rights Ombudsman and
work according to regulations on the protection of the confidentiality of personal data and
confidential data such as apply for the Ombudsman, his deputies and staff.
Persons who do not provide a prior written declaration may not cooperate in performing
monitoring.
Article 6
The place of monitoring, time of monitoring and number of members of the group for performing
monitoring at an individual place of monitoring shall be specified by the Ombudsman for each
case individually, taking into account the program of visits which the Ombudsman adopts for
this purpose in cooperation with the selected organisations and, as necessary, also taking
into account other circumstances which could require that more immediate monitoring take
place. In the event that none of the personnel of the selected organisations is available on
the day stated, because of absence or other obligations that cannot be deferred, the visit
shall be carried out without them.
Article 7
After carrying out monitoring under the provisions of the Optional Protocol, which will be
carried out according to the instructions of the Ombudsman by personnel from the selected
organisations, each person who cooperates in the monitoring will produce a short written
report on their findings and possible recommendations for strengthening the protection of
persons who have been deprived of liberty from torture and other forms of cruel, inhuman
or degrading treatment or punishment and communicate it to the Ombudsman within 8 days
after the monitoring has been performed.
If the Ombudsman so decides in an individual case, a person from the selected organisations
will also prepare the entire report on the performed monitoring, on the instructions of the
Ombudsman.
Article 8
Persons from the selected organisations who perform monitoring are entitled to
reimbursement of expenses under the Rules on reimbursement of costs and other rewards
to persons from organisations that perform tasks or exercise authorities under the provisions
of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Official Gazette RS, no. 17/2008).
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
145
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