Implementation of Duties and Powers of the National Preventive Mechanism in 2010 I. Implementation of Duties and Powers Of The National Preventive Mechanism in 2010 1. Introduction According to the Act ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (Official Gazette of the Republic of Slovenia, no. 114/06, International Treaties, no. 20/06, Optional Protocol), the Human Rights Ombudsman of the Republic of Slovenia (the Ombudsman) and, in agreement with the Ombudsman, selected non-governmental organisations registered in the Republic in Slovenia and organisations with the status of humanitarian organisation in the Republic of Slovenia concerned with the protection of human rights or fundamental freedoms also perform duties and have powers under the National Preventive Mechanism (DPM). On the basis of a public tender published in the Official Gazette of the Republic of Slovenia (no. 107/2008, 14 November 2008), the Legal Information Centre of NGOs (PIC), Slovenian Red Cross (RKS) and the Primus Institute were selected for cooperation in 2009 and 2010 (with the option of renewal for another year). In 2010, we therefore continued to cooperate with the selected organisations (the Primus Institute did not participate in visits in 2010 due to staffing issues). According to the Optional Protocol, the DPM may be present at an arrest and regularly monitor the treatment of persons deprived of liberty, and make recommendations to the appropriate authorities, in order to protect imprisoned persons from torture and other forms of cruel, inhuman or degrading treatment or punishment, and to improve the conditions of their accommodation and treatment. Considering the relevant norms of the United Nations, the DPM makes recommendations to the appropriate authorities and submits proposals and comments to the applicable or draft laws. The selected organisations perform their work with their own staff, who are assigned by the organisation for each visit separately. The decision on providing a representative for a visit is also a matter for the organisation. The time and place of the visit and the number of people involed in visiting a particular place of surveillance is specified by the Ombudsman, taking into account the programme of visits adopted by the Ombudsman in cooperation with the organisations in question. If necessary, the Ombudsman also considers other circumstances requiring a prompt visit. In 2010, the DPM performed 44 visits: to nine institutions where persons serving a prison sentence or prisoners on remand are accommodated, 22 police stations, the Asylum Centre and the Aliens Centre, three psychiatric institutions, two special social care institutions, five retirement homes and one juvenile facility. One representative of PIC and 12 representatives of Slovenian Red Cross participated in the visits. On the basis of special cooperation contracts, we also made use of the expertise of two external experts. The first is an expert for in education and psychology, and participates in all visits to juvenile facilities. After each visit, she submits her findings on the adequacy of educational activities provided by these institutions and the adequacy of social care for children and adolescents in them with regard to preventing torture and other forms of cruel, inhuman or degrading treatment or punishment. The other expert specialises in psychiatry; she participates in planned visits to places of incarceration (particularly larger prisons, the Asylum Centre and the Aliens Centre) and submits her findings, particularly on the adequacy of health care and treatment of persons deprived of liberty with regard to their torture and other forms of cruel, inhuman or degrading treatment or punishment. 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 7