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IMPLEMENTATION OF THE DUTIES
AND POWERS OF THE NATIONAL
PREVENTIVE MECHANISM
1.1 General
In 2006 in accordance with the Act ratifying the Optional Protocol to the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment,1 the Human Rights Ombudsman assumed
important duties and powers of the National Preventive Mechanism (NPM). By being entrusted with
the tasks and powers of the NPM, the Ombudsman became an integral part of a generally applicable
system under the auspices of the United Nations, which enforces (additional) mechanisms to prevent
torture and other forms of ill-treatment of people deprived of liberty at the international and national
level. This system is particularly based on regular visits to places of deprivation of liberty. These are
preventive visits, the purpose of which is to prevent torture or other ill-treatment before it occurs. In
addition to the Sub-Committee on Prevention against Torture (SPT) established by the United Nations,
the Optional Protocol introduces the so-called NPM, whose task is to regularly visit all, or any, places
where persons are or could be accommodated where deprivation of liberty is suspected.
The Optional Protocol entered into force on 22 June 2006, so 2016 marks its 10th anniversary. On that
occasion, the internationally recognised organisations of civil society again pointed out to countries
around the world the need to renew their commitment to implement measures for the efficient protection
of persons deprived of their liberty from torture and other forms of ill-treatment (this statement in
included in the appendix of this Report).
1.2 Act ratifying the Optional Protocol
The Act ratifying the Optional Protocol (Article 5) determines that the duties and powers of the NPM
are to be implemented by the Ombudsman. It also stipulates that non-governmental organisations
(NGOs) registered in the Republic of Slovenia and organisations which hold the status of humanitarian
organisations in the Republic of Slovenia and which deal with the protection of human rights or
fundamental freedoms, particularly in the field of preventing torture and other cruel, inhuman or
degrading treatment or punishment, may participate with the Ombudsman in the supervision of
places of detention and in the examination of the treatment of persons deprived of their liberty.
The organisations implementing supervision together with the Ombudsman’s office are selected by the
Ombudsman on the basis of a public call. The Act ratifying the Optional Protocol also stipulates that
the persons from selected organisations which will be participating in the implementation of duties
and powers of the NPM have to provide a preliminary written statement that when implementing these
duties and powers they will observe the Ombudsman’s instructions and regulations on the protection of
personal and confidential data, which are also applicable to the Ombudsman, her deputies and staff.
The costs of, and remuneration of, persons from organisations conducting tasks or implementing powers
are covered by the Ombudsman from its budget headings according to the rules issued on the basis of
1 Official Gazette of the Republic of Slovenia [Uradni list RS], No. 114/06 – International Treaties, No. 20/06.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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