We recommended that the Marof unit of Idrija Retirement Home record the need for an extraordinary
examination of a resident by a general practitioner or a psychiatrist in a way that prevents the resident
being overlooked or forgotten at the time of the doctor’s visit.
We are waiting for a response.
We recommended that the Marof unit of Idrija Retirement Home find a way to integrate work and social
and health care by increasing cooperation and thus improve the quality of caring for residents.
We are waiting for a response.
Judicial proceedings
The NPM recommended that the Marof unit of Idrija Retirement Home supplement the form for
admission by consent, since the brochure presenting the secure ward includes three methods of revoking
consent, in addition to written and verbal methods, also “by means of actions from which the revocation
(of consent) can be assumed”. Paragraph three of Article 74 of the ZDZdr must be observed, which
determines that a person who has consented to admission to a secure ward may at any time revoke
their consent, explicitly or by actions from which such an intent may be concluded, and demand to be
discharged from the secure ward. In such a case, the person must be discharged immediately.
We are waiting for a response.
The NPM recommended that the Marof unit of Idrija Retirement Home keep the acknowledgement on
the notification of the court that a resident must be kept in the secure ward or their detention extended
since such an acknowledgement proves the observance of statutory time limit.
We are waiting for a response.
We recommended to Dutovlje social care institution that it inform the relevant ministry about the
accommodation decided on by the court, which exceed the capacity of the institution’s secure ward, but
apply irrespective of the negative opinion, so that a suitable solution can be found as soon as possible
to the issue of providing sufficient capacities for placing residents according to court decisions.
In their response to the preliminary report, the management of the institution stated that they had no
comments on the recommendation, which was understood as the institution’s readiness to observe the
recommendation.
We recommended to Dutovlje social care institution that it pay attention to all possible methods of
revoking consent in the case of residents staying in secure wards on the relevant legal basis (written,
verbal, conclusive actions).
In their response to the preliminary report, the management of the institution stated that they had no
comments on the recommendation, which was understood as the institution’s readiness to observe the
recommendation.
Special protection measures (SPM)
We recommended that Marof unit of Idrija Retirement Home pay attention as to which residents know
and are able to unlock wheelchairs and which are not. According to the NPM, physical restraint in
wheelchairs or loungers regardless of whether it is implemented with a strap, a table in front of the
resident or by any other means, when a resident is unable to independently remove the obstacle is
a form of special protection measure as defined also by the ZDZdr. In such case, the ZDZdr must be
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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