CAT/C/SVN/CO/3
also ensure that such offence is punishable by appropriate penalty which takes into
account its grave nature, as set out in article 4, paragraph 2, of the Convention.
Fundamental legal safeguards
8.
While noting that under article 148 of the Criminal Procedure Act there is a
possibility for audio and video-recording of interrogations, the Committee is concerned that
the audio and video-recording generally does not take place as there is no requirement
therefor in law 1 (art. 2).
The Committee recommends that the State party establishes the legal requirement for
the audio and video recording of all interrogations of detainees throughout the country
as a further means to prevent torture and ill-treatment.
9.
While noting that the State party introduced a computerized system for registration
of all information related to detention by the police, the Committee is concerned that not all
information is entered in the system, as certain information – such as the time of arrival at
the police station and the time of placement in a cell – is missing 2 (art. 2).
The Committee recommends that the computerized system for registration of
detainees be expanded in order to include all relevant information on the custody of
the detained person in order to establish a precise monitoring system of the whole
detention period.
Pretrial detention and court backlog
10.
The Committee welcomes the “Lukenda” project and other measures taken by the
State party aimed at reducing the court backlog, but remains concerned about the high
proportion of remand prisoners awaiting for trials which, according to the statistics
provided by the State party, has not decreased in the last five years (art. 2).
The Committee recommends that the State party continues its efforts in reducing the
backlog of court cases and takes all necessary measures to that effect, including noncustodial measures.
Ombudsman
11.
The Committee notes the new role of the Human Rights Ombudsman as a national
preventive mechanism under the Optional Protocol, but is concerned about the inadequate
funding of Ombudsman’s office and of information on the scope of its mandate to carry out
its own investigation into allegations of torture and ill-treatment (art. 2).
The State party should further strengthen the structure of the office of the
Ombudsman and broaden its mandate to carry out its own investigation into
allegations of torture and ill-treatment and provide it with adequate human, material
and financial resources in line with the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles).
Complaints, investigation and prosecution of the acts of torture
12.
The Committee notes the data provided by the State party on cases of investigations
of ill-treatment under various sections of the Penal Code, such as abuse of power,
1
2
See report to the Slovenian Government on the visit to Slovenia carried out by the European
Committee for the Prevention of Torture and Inhuman Degrading Treatment CPT/Inf (2008) 7,
paragraph 24.
See CPT/Inf (2008) 7, paragraph 25.
3