Implementation of Duties and Powers of the National Preventive Mechanism in 2010
Minor Offences Department of the Ljubljana Local Court for immediate procedure, where the
person was issued a warrant ordering detention until they sobered up, which only began to
run on 28 April 2010 at 1.15. The documents of PP Medvode did not allow us to discover
exactly when the person had been delivered for appearance at Ljubljana Local Court (for
this case, the FIO register shows the end of detention at 23.30). MNZ informed us that police
officers had dealt with this person several times for breaches of law and order and the criminal
act of family violence, so he had been placed under a restraining order on 25 April 2010 at
17.15 according to Article 39.a of the Police Act (ZPol). The investigating judge on duty at
the Ljubljana Local Court then issued a warrant on a restraining order renewal served on
the same day at 16.40. Due to multiple violations of the order, on 27 April 2010 at 21.05,
police officers ordered detention on the basis of Article 110/2 of ZP-1 and the person was
delivered for immediate procedure to the judge of Ljubljana Local Court at 23.30 (the time
was also stated as the end of detention in the register of detained persons). While in detention
(on PP premises) and until delivered to the judge, police officers verified all the facts and
circumstances and completed the required documents; the person was finally taken to the
judge on duty with the charge sheet. After the interrogation, the judge ordered detention on
28 April 2010 at 1.15, which took place in Ljubljana Detention Centre. Police officers from PP
Moste claimed to have completed all documents related to the detention of this person, but
they did not know why some documents were missing (UZ on detention and the detention
warrant). They assumed that the documents had been mistakenly sent together with the
accusation petition to Ljubljana Local Court or with the criminal complaint to ODT Ljubljana,
or through PL and GPU to an external institution which had performed research in this field,
but the documents were not found, despite a search. MNZ specifically warned all police units
to be consistent in completing official documents (including information on the room where
the person was held during detention and on the time of detention) and careful in handling
documents. Finally, good practice examples as highlighted by the DPM are the following: PP
Nova Gorica for filing documents separately for all detentions in this PP (detentions performed
for other PPs) and detentions ordered by their police officers; PP Trbovlje and PP Šmarje pri
Jelšah for very consistent and extensive recording of information in the “Other” section (offers
of water, MNZ brochure, etc.); PP Vič for serving detention warrants as soon as it is signed,
so that the detained person keeps it with him or herself in the detention room; PP Slovenske
Konjice for keeping additional internal records which states for each detained person whether
water or food was offered to him or her and whether he or she accepted or rejected it.
4.
Visit to the Aliens Centre
On 16 June 2010, we visited the Aliens Centre (CT) in Postojna. Two participants of two
contractual non-governmental organisations, the Legal Information Centre of NGOs (PIC) and
Slovenian Red Cross, also joined the visiting group. A specialist in psychiatry who - pursuant to
a cooperation contract - performs expert tasks on visits of the National Prevention Mechanism
(DPM) and submits findings, in particular from the aspect of health care, was also present.
That was the third DPM visit to CT (previously visited on 22 April 2008 and 9 June 2009).
The Head of the Centre and the Assistant Head received us; first, we talked to them and
inspected the reception, accommodation and sanitary rooms, visiting rooms, rooms for
Eurodac, for discussions, for non-governmental organisations, the quiet room, the dining
room, the laundry and the warehouse, and we also spoke to the social worker and to some
of the residents. The contractual expert talked to the nurse in the infirmary. A final discussion
with the Head and the Assistant was conducted.
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
39
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