Detainees and convicted persons

In 2019, we considered the same number of complaints from detainees as in 2018, i.e. 26 cases, and one less complaint from a convicted person serving a prison sentence than in the year before, when we considered 65 cases. Also in this field, professional assistants solved quite a few issues in telephone conversa- tions with the complainants; therefore, there was no need to consider these cas- es in further and more formal procedures. In addition to handling complaints, we also continued to visit prisons to implement the tasks and powers of the National Prevention Mechanism (NPM), which is presented in a special report.

The complaints of detainees and convicted persons were verified (in some cases with visits) with the competent authorities (e.g. courts), particularly with the Pris- on Administration of the Republic of Slovenia, prisons or the Ministry of Justice.

We must commend this cooperation as the authorities we contacted regularly responded to our requests.

If a procedure was initiated in a certain case (for example regarding major ir- regularities or obvious arbitrariness), prisoners were informed of the replies to our enquiries with the competent authorities, and of our findings and possible other measures, e.g. recommendations to the competent authorities. To estab- lish a basis for further action, the complainants were sometimes asked to inform the Ombudsman if the clarifications they had received were suitable or perhaps inadequate and insufficient. If complainants did not respond, we were unable to continue our enquiries. The aforementioned and the fact that we intervened only if the authorities responsible for the case failed to state their position on a matter or did not decide on it are reflected in the share of closed justified cases in the field of dealing with prisoner complaints.

Our work in this field is aimed at establishing whether the state observes the rules and standards to which it is bound by the Constitution and international conven- tions to respect human rights when depriving people of their liberty, particularly human personality and dignity. When convicted persons are subject to penal sanctions, they must be ensured all fundamental human rights, except those explicitly taken away from them or restricted by law. This is also pointed out by the European Court of Human Rights (ECHR) in its convictions of our state due to established violations of the rights of prisoners, and expressed in lawsuits by prisoners for compensation payment due to unsuitable conditions during the serving of a prison sentence and/or detention.

At the beginning of 2019, the situation regarding detention and imprisonment in Slovenian prisons was abundantly publicly discussed when two detainees es- caped from Koper Prison, and the problem was also addressed by the Committee on Justice of the National Assembly of the Republic of Slovenia.

Based on the handling of complaints from prisoners and findings determined when visiting prisons, the NPM establishes that the main problem in Slovenian prisons and their units remains overcrowding (with the exception of Ig Prison), which is also due to a substantial inflow of foreigners (whose treatment results in additional problems) and the shortage of staff in all fields of work, particular- ly in the field of expert work with prisoners and security issues (prison officers).

Overcrowding has an adverse effect on ensuring suitable accommodation

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premises for prisoners, necessary privacy, hygiene maintenance, implementa- tion of activities and order and discipline (it causes tension and mutual conflict).

These problems are expected to be solved with the construction of new prison facilities in Ljubljana or the renovation of Ig Prison, although (as we continu- ously highlight), overcrowding cannot be eliminated with the construction of new prisons alone. Therefore, we agree with the Prison Administration of the Repub- lic of Slovenia (URSIKS) that other measures will be required for a long-term solution to overcrowding not only within the prison system but with all other stakeholders, including those in the field of criminal policy. More frequent use of alternative sanctions can also contribute to reducing the number of prisoners.

For this reason, the Ombudsman welcomed the beginning of the operation of the probation service. Slovenia finally joined the states that pay special atten- tion to the fact that imprisonment is (also) carried out in the community and not only in prison. In 2019, we were informed in more detail on the operation of the Probation Administration, a body within the Ministry of Justice. The director’s warnings regarding their problems (also systemic) in practice, and the shortage of personnel in particular, were alarming, as only 19 persons were employed in January 2019 out of a planned 45. These find it difficult to perform all the tasks in the many cases assigned to them to resolve. Therefore, the Ombudsman expects vacant positions to promptly be filled; if not, this may affect the efficiency of the expert treatment of persons included in probation.

Despite certain staff reinforcement, the shortage of personnel in the prison systems remains significant. The staffing standards and norms for the work of prison officers and other professionals were adopted at the end of 2018. Since this is an important strategic document in the field of employment, we expect it to be observed to fill vacant positions. Despite the approval of additional em- ployment, the information that there is little interest in working in the prison system is worrying. Therefore, additional efforts and measures will be needed to increase the popularity of such occupations. The lack of prison officers and other such professionals results in their excessive workload and dissatisfaction at work, which may be reflected in their work with prisoners and which especially hampers the preparation of convicted persons for life outside prison.

Taking into account the purpose of punishment (Article 45.a of the KZ-1), the per- petrator of a criminal offence must be prepared to be re-integrated in a dignified manner into the common social environment after being in prison while having their human dignity and personality respected. Imprisonment must be carried out so as to prepare convicted persons for life outside prison in accordance with social norms and eliminate the risk of reoffence. For this purpose, they must be included in various activities such as work and education, depending on the per- petrator’s needs. We have been constantly pointing out the recommendation of the CPT that prisoners and detainees should spend a reasonable portion of the day (i.e. eight or more hours) outside their rooms, attending to various useful activities: work, which is preferably useful for their occupation, education, sports, recreation or socialising. In our prisons, this standard has not yet been met, par- ticularly for detainees.

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It is well known that most prisons are located in old facilities that are in need of complete renovation. Another problem is the dilapidated and worn-out equip- ment in some of these facilities and the lack of work and activities available for prisoners (particularly detainees). Therefore, constant investment in better living conditions for prisoners, and in equipment and infrastructure are required. When visiting Radeče Juvenile Correctional Facility in 2019, we emphasised that the existing facilities are unsuitable for minors to live in. Large renovation works would be required to ensure suitable minimum living conditions, but this is not possible because the building is subject to monument protection and major in- terventions are not permitted. The facilities are not minor-friendly and do not support their successful rehabilitation. We recommended that the management of Radeče Juvenile Correctional Facility, together with the Head Office of the Pris- on Administration, promptly solve the spatial problem by taking into account the principles of normative architectural design and designing a humane environ- ment that will support the social rehabilitation of minors and enable them to integrate into the community and normal life. It is of the utmost importance that rooms do not cause additional stress and trauma for children but provide an ap- propriate support environment.

We also draw attention to the position of other vulnerable groups. For some time now, the Ombudsman has been striving to improve the situation of prisoners who, due to age, illness or disability, require additional assistance to meet their basic needs in the form of care or social care during imprisonment in order to ensure respect for their personality and dignity. During imprisonment, it is nec- essary to ensure suitable accommodation and dignity while they serve their sentences; otherwise, this may be considered inhuman or degrading treatment and a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (more on this below).

Problems also occur in the treatment of minors.As a result, much is expected from the act currently being prepared that will comprehensively regulate the treatment of juvenile offenders (for example shorten the duration of detention, introduce mandatory defence by an attorney from police detention onwards, etc.).

Female prisoners hold a special position in the prison system due to their needs and circumstances, which is also highlighted in international rules (e.g. the so- called Bangkok Rules). Nevertheless, we find that conditions for the imprison- ment or detention of women are, in certain fields (e.g. regarding receiving visi- tors), worse in comparison to those of men. For that reason, we are glad that the Ministry of Justice drafted a journal entitled “On the Special Position of Women in Prisons: Contributions and Selected International Acts”, which includes impor- tant expert starting points for the dignified treatment of women and their needs during imprisonment. Its purpose is to raise awareness of this sensitive topic and provide a foundation for future expert discussions or legislative projects. Much is expected in this field from the planned renovation of the women’s prison in Ig, which is the only prison for females in Slovenia. Complaints from female con- victed persons and detainees in Ig Prison concerning poor conditions (such as inappropriate rooms for visits from their children, and the impossibility of their partners and children spending the night) further confirm the correctness of the decision that a major overhaul of this prison is required.

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