Country

Slovenia

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Rules on the implementation of remand (Pravilnik o izvrševanju pripora)Prisoners are to be allowed at least two hours of outdoors recreation daily. Outdoors activities may be suspended if the interests of maintaining order and discipline or preventing escape so require. Sport activities may be arranged during prisoner’s outdoors activities by the administration of the facility.
The Enforcement of criminal sanctions act (Zakon o izvrševanju kazenskih sankcij)Convicts must be allowed to stay outdoors for at least two hours every day. Regardless of this provision, in the event of heightened security conditions, the convict shall be allowed to stay outdoors, but this shall be adapted to the changed security conditions and the possibilities of the institution The convicted juvenile should be allowed to be outdoors for at least three hours a day, usually in his/her spare time.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2017During our visit to Celje Prison and Juvenile Prison, the NPM noticed that the bench press was damaged and proposed that it be repaired, while we also proposed examining the possibilities of equipping the fitness room for detainees with additional devices (e. g. multi-purpose device similar to the one used in the convict unit). To Ljubljana Prison it was recommended that expert workers at the prison invest more effort in including prisoners (convicts and detainees) in formal and informal forms of education, particularly if the prison succeeds in obtaining EU funds for this purpose. The NPM expressed the expectation in Rogoza Open Unit of Maribor Prison that the number of convicts participating in the educational programmes of national vocational qualifications that have been introduced would increase due to the work of the unit’s staff. It was recommended to Maribor Prison that detainees be outside their cells at least eight hours a day and attend various useful activities, such as work, education, sports and other organised activities, which would be suitable particularly because of the cramped conditions in the detention section of the prison. Further, the NPM proposed that Murska Sobota Unit of Maribor Prison examine the possibilities of arranging a fitness room or additionally equip the ‘fitness area under the overhanging roof’, whereby we also recommended that detainees be outside their cells at least eight hours a day and take part in various useful activities, such as work, education, sports or other suitable activities. In the Nova Gorica Unit of Koper Prison detainees should be able to exercise more or move more in the recreation area during the weekend. Report details
2018We again recommended to the Ministry of Interior that the recreation yard be equipped with an ashtray, namely in accordance with the first indent of the second paragraph of Article 23 of the Rules on standards for the construction and equipment of police premises used for detention. We expressed the expectation that the institution will be able to arrange or start carrying out group activities or creative workshops aimed at persons in remand. We recommended that in Maribor Prison everything necessary be arranged again or as soon as possible in order to start the implementation of the programme(s) of national vocational qualification (NVQ). Report details
2021During a visit to Ljubljana Prison, it was found to be part of the detention (i.e. remand; researchers’ remark) unit located on the first floor, may still be open at certain times of the day, allowing detainees to spend time outside the living quarters. However, it was found that a large part of the detention unit which is located on the ground floor and on the second and third floors of the Institute, where there is also mixed accommodation (detainees and convicts), is closed during the whole day, or detainees have the possibility to exercise outdoors for only two hours (one hour in the morning and one hour in the afternoon). On this basis, we recommended that the management of the Institute consider the possibility or take the necessary measures to allow all detainees to spend at least part of the day outside their living quarters or to organise activities for them outside their living quarters, in addition to the two-hour walk. We also recall the recommendation of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) that detainees should also be kept out of their cells for at least eight hours a day and engaged in a variety of useful activities, such as work, education, sport or other appropriate activities. Report details
2022The NPM pointed out that, during previous visits, it had already recommended several times that the possibility of an agreement with the owner of the building be studied, so that the inner courtyard or the exercise yard for remand prisoners and convicts serving a closed prison regime would be enlarged or at least connected to a part of the outdoor – larger exercise yard. Complaints by incarcerated persons, which referred to an “unsuitable promenade”, are justified in the judgment of the NPM, because the current condition of the inner courtyard does not meet the provisions of Article 43 of the ZIKS-1, which prescribes that prisoners must be allowed to spend at least two hours in the open air every day. Due to the small area, which is further limited by the fitness equipment and the high walls that limit the view of the outside environment, the inner courtyard / exercise yard does not differ significantly from the cells of the closed regime and the detention centre, where remand prisoners and convicts of the closed regime spend the rest of the day. The head of the Unit once again explained that interventions in the facility are not possible, as URSIKS is not the owner of the facility, and the owner (Municipality of Nova Gorica) is not responsive. Nevertheless, the NPM again recommended that the possibility of an agreement with the owner of the building be considered, so that the inner yard or the exercise yard for remand prisoners and convicts of the closed prison regime would be enlarged or at least connected to a part of the outer – larger exercise yard. Report details