CAT/C/CR/30/4
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B. Positive Aspects
4.
The Committee welcomes the ongoing efforts by the State party to reform its legal
system and revise its legislation so as to strengthen human rights in Slovenia. In particular, the
Committee welcomes:
(a)
The inclusion in the State party’s report of findings of the Human Rights
Ombudsman of Slovenia, which were often critical of the Government, and notes the important
role of this institution in the promotion and protection of human rights in the State party;
(b)
The decision of the Supreme Court adopted in December 2000, which limits the
duration of remand in custody to two years;
(c)
The Rules on Police Powers introduced in June 2000 which provide detailed
regulations governing the limits of police powers in official contacts with individuals;
(d)
The amendments to the Aliens Act and the Asylum Act, thereby bringing
domestic legislation into line with article 3 of the Convention, as recommended by the
Committee during the consideration of the initial report;
(e)
The decision of the Government adopted in 2003, according to which all
government ministries should cooperate closely with NGOs in the preparation of legislation and
by-laws that touch upon human rights and freedoms in any way;
(f)
The “Hercules” special programme conducted by the Supreme Court of Slovenia
and introduced in 2001, aimed at reducing and eliminating court backlogs;
(g)
Efforts undertaken by the State party in the sphere of educational and training
activities in order to familiarize policemen and recruits participating in in-service training with
international human rights standards, including the prevention of torture.
C. Subjects of Concern
5.
The Committee expresses concern about the following:
(a)
Substantive criminal law does not contain a specific crime of torture, which,
although referred to in the Criminal Code, remains undefined;
(b)
Torture is subject to a statute of limitation; the period of limitation pertaining to
acts of ill-treatment other than torture is too short;
(c)
Reports concerning the lack of an independent system to investigate complaints
and allegations of ill-treatment promptly and impartially;
(d)
Allegations of excessive use of force by the police, especially against members of
ethnic minorities, continue. The Committee regrets the fact that disaggregated statistical data in
this respect are not available from the State party;