HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF SLOVENIA

The Human Rights Committee has considered the second periodic report of Slovenia on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.

Introducing the report, Vinko Gorenak, Secretary of State at the Ministry of the Interior of Slovenia, said Slovenia was a young independent State, only 14 years old, during which time it had accomplished much in the field of the protection of human rights and fundamental freedoms. One third of the Constitution was dedicated to this particular subject, while many other provisions were dedicated to the ways of their implementation and to the institutions safeguarding this process. Slovenia strove to implement civil and political rights in accordance with the International Covenant on Civil and Political Rights, and with other universal instruments and conventions of the Council of Europe and the European Union legal system.

In preliminary remarks, Elisabeth Palm, Vice Chairperson of the Committee, noted that the report was five years late, but the Committee could see that the country had been very busy with amending legislation and so forth. The whole treaty system depended on the States fulfilling their obligations and consequently entering into a dialogue with the Committee with the aim of improving their human rights, she said. Positively, there had been a lot of improvement, but some concerns still remained, in particular regarding the issues of the Roma and of police brutality. However, it had been a rewarding experience, and the written report had been very impressive.

Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, practical measures adopted to prevent violations of human rights such as arbitrary arrest and detention, excessive use of force by the police, ill-treatment of detainees in police custody and inhuman conditions of detention; what legal remedies were available to victims of law enforcement personnel who had committed human rights violations; what legal and practical measures had been taken or were foreseen to combat trafficking which remained a significant problem; and what was the legal distinction between “indigenous” (autochthonous) and “new” (non-autochthonous) Roma.

The Committee will issue its formal, written concluding observations and recommendations on the report of Slovenia towards the end of its session which will conclude on 29 July 2005.
Also representing Slovenia were representatives of the Permanent Mission of Slovenia in Geneva, the Ministry of Justice, the Supreme Court, the Ministry of Culture, the Ministry of Labour, Family and Social Affairs, the Office for Nationalities, the Ministry of Education and Sport, the Office for Equal Opportunities, and the Ministry of Foreign Affairs.

Slovenia is among the 154 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is also one of the 104 States parties to the Optional Protocol to the Covenant.

The Committee will reconvene at 10 a.m. on Monday, 18 July to begin its consideration of the third periodic report of Syria (CCPR/C/SYR/2004/3).

Report of Slovenia

The second periodic report of Slovenia (CCPR/C/SVN/2004/2) notes that upon independence in June 1991, Slovenia committed itself to guaranteeing the exercise and protection of human rights and fundamental freedoms to all persons in its territory in accordance with its national law and assumed international obligations without any discrimination whatsoever. This commitment was confirmed by the adoption of the Constitution in December 1991, which contains an extensive corpus of general human rights and fundamental freedoms and of special rights of the Italian and Hungarian national communities and the Romany community.

Slovenia was the first among Central and Eastern European countries to start preparations for the implementation of the integration strategy for the equal opportunities principle. Criminal legislation has also been amended in order to improve responses to the problem of violence against women. Despite being in the majority, the proportion of women occupying the highest positions in state authorities and decision-making processes is low. International treaties and agreements have special status in Slovenia’s legal order. Laws and other regulations must be in conformity with generally accepted principles of international law and with valid treaties ratified by the National Assembly.

Slovenian criminal legislation does not contain a special definition or incrimination of torture and consequently does not provide for special punishment for such an offence, despite the fact that it is Party to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. No person should, by law, be deprived of freedom except in such cases, and pursuant to such procedures as are laid down by statute. Coercive measures depriving persons of the right of freedom in Slovenia's criminal proceedings are deprivation of freedom, confinement (sometimes the term arrest is used), and pre-trial detention. The topic of deprivation of freedom is primarily regulated by the Criminal Procedure Act and Police Act.

Presentation of Report

VINKO GORENAK, Secretary of State at the Ministry of the Interior of Slovenia, introducing the report, said Slovenia was a young independent State, only 14 years old, during which time it had accomplished much in the field of the protection of human rights and fundamental freedoms. One third of the Constitution was dedicated to this particular subject, while many other provisions were dedicated to the ways of their implementation and to the institutions safeguarding this process. Some constitutional and legislative novelties introduced for the protection of human rights and fundamental freedoms were of particular importance, and it was believed that they would promote progress in implementing the rights guaranteed by the pact.

The Government of Slovenia had also changed, in 2004, the ways and the procedure of solving complaints against police officers. These were now dealt with outside the Police, which cooperated successfully with representatives of the governmental or non-governmental organizations. The Police devoted much attention to education and training programmes for police officers, and had expanded the curricula related to social skills, police ethics and human rights, and police powers; the number of trainings had also increased every year.

In 2004 and 2005, the Government had intensified efforts in the field of the protection of cultural rights as a special category of human rights. A model of the protection of cultural rights of special social groups had been developed which, on the ground of their affiliation with ethnic minorities or hindrance because of their handicaps or vulnerability, needed special protection and care by the State. Slovenia strove to implement civil and political rights in accordance with the International Covenant on Civil and Political Rights, and with other universal instruments and conventions of the Council of Europe and the European Union legal system. Slovenia wished for an open, constructive and continued dialogue with the Human Rights Committee on all the problems and challenges in the implementation of the Covenant, as this would enable the country to establish whether it implemented the binding provisions of the Covenant properly, comprehensively, and with appropriate legal means.

Questions by the Committee Experts

A series of questions were submitted by the Committee Experts in advance to the meeting, and others were posed orally. Among the issues raised were why domestic violence did not constitute a specific criminal offence; a request for further information on the measures to increase women’s participation in employment; information on practical measures adopted to prevent violations of human rights such as arbitrary arrest and detention, excessive use of force by the police, ill-treatment of detainees in police custody and inhuman conditions of detention; what legal remedies were available to victims of law enforcement personnel who had committed human rights violations; what legal and practical measures had been taken or were foreseen to combat trafficking which remained a significant problem; and what was the legal distinction between “indigenous” (autochthonous) and “new” (non-autochthonous) Roma.

Constitutional and Legal Framework within which the Covenant is Implemented; Right to an Effective Legal Remedy

The Constitution of Slovenia determined the obligation of the country to protect human rights and fundamental freedoms throughout its territory, the delegation said. Since the International Covenant on Civil and Political Rights had been ratified in 1992, it had become part of the Constitutional Order, and had been applied directly by the courts. Laws and regulations had to comply with the generally accepted provisions of international law and the treaties binding the Republic.

Regarding the issue raised in relation to the competence and activities of the Human Rights Ombudsman, the delegation said the Ombudsman had competence over all human rights and fundamental freedoms that were prescribed in the Constitution, international treaties that were binding on the country, and human rights and fundamental freedoms that were provided for by statutes. Regarding the activities of the Ombudsman in the area of court backlogs, Slovenia was trying to resolve this problem systematically. The supervisory appeal was the most frequently used remedy for enforcing the right to a trial within a reasonable time. Whether parties to the proceedings were unfairly treated by the judges that were conducting proceedings in their cases was a separate issue that was covered by quite detailed procedural rules in procedural legislation on the motions for excluding the judges or members of the judicial panel.



Gender Equality; Protection of the Child

It was correctly stated that domestic violence was not a separate criminal offence in the Criminal Code, the delegation said. The police defined violent behaviour within the family as a misdemeanour or crime. However, it was a part of the Criminal Code. Whether domestic violence should constitute a separate special criminal offence in the future depended on one ongoing project to be finished in 2006. An analysis of the current situation concerning violence against women in the family would be a basis for the preparation of the new fundamental act, namely the Prevention of Violence in the Family Act. Gender-mainstreaming was also used in all programmes and policies with the aim of improving the situation.

There were awareness-raising campaigns in the area of internal affairs, social protection and family conducted by Governmental and non-governmental organizations. The police were working actively in the area of preventing domestic violence and familiarising people and victims with their rights both in police procedures and through information on the possibilities for assistance and support offered by other institutions and non-governmental organizations. According to the Constitution, children enjoyed special protection and care, and were also guaranteed special protection from economic, social, physical, mental and other exploitation and abuse. Protection of children from unsuitable behaviour was included in a series of measures by the State through which parental rights could be restricted or even taken away. Children and minors were also protected by general penal provisions.

Right to Life; Freedom from Torture and Cruel, Inhuman or Degrading Treatment; Right to be Free of Arbitrary Arrest and Detention; Treatment of Prisoners and Other Detainees

Regarding arbitrary arrest and detention, excessive use of force by the police, ill-treatment of detainees in police custody and inhuman conditions of detention, Slovenia was aware of the problem and was implementing a number of measures with the aim of reducing such violations to a minimum, the delegation said. Among the measures carried out, most prominent were the permanent training and education of police officers and monitoring and overseeing procedures conducted by officers and the use of means of restraint within the aspect of professionalism and legality. In recent years, more intensive implementation in the area of communication and social skills, as well as anti-stress programmes for police officers had been implemented. Further, training aimed at increasing respect for human rights among police officers had been carried out.

In order to reduce excessive use of force by police officers against persons in police procedures, alongside other forms of training, a programme had been drawn up with the police for theoretical and practical training in the use of means of restraint and other police powers. All detention premises that were unsuitable had been closed and were no longer in use. Slovenia was one of the few countries to have adopted regulated standards for the construction, conversion and furnishing of premises for detention. Regarding legal remedies available to victims of criminal offences of which police officers were suspected, both the Police Act and the Criminal Procedure Act and the Code of Obligations made several legal remedies available.

Response to Oral Questions

Committee Members asked other questions and made comments on varied topics, including what kind of cases and how many did the Advocate of Equal Opportunities for Women and Men deal with, and what exactly were his powers; cases of police investigations of serious violence against women; the apparent absence of focus by Slovenia on its United Nations obligations when contrasted with its relationship with the OSCE and the European Union; how information about the report and the procedure around it was disseminated; who appointed members of a board for complaints of abuses committed by police officers; whether Slovenia was a full party to the Refugees Convention including the amending protocol of 1967 that gave a wider definition of refugee; and on the issue of overcrowding of prisons, the scope of misdemeanour which did not include imprisonment as a punishment.

Responding to these and other questions, the delegation said that any individual had direct access to the Public Prosecutor’s office, and could also complain about any procedure carried out by a police officer. Regarding the issue of the complaints board for abuses committed by police officers, the members of that board were appointed by the Minister of the Interior, following nominations from other bodies. Gender equality could not be obtained or promoted simply by preventing women from being discriminated against; achieving gender equality required also promoting equal opportunities, treatment and results between the sexes. The focus had thus been shifted towards proactive policies with the aim of achieving the final goal of equality between the sexes.

Concerning the human rights Ombudsman, the delegation said he or she was elected by the Parliament with two thirds in favour. The Ombudsman could only be dismissed under strict and publicly-viewed circumstances. The police had received new security powers in 2003, including the ability to issue restraining orders, and with these powers they could act in all situations where a violent person committed a misdemeanour and was caught red-handed as well as protecting the person under threat. On the topic of the dissemination of the report, it was available along with all other reports on the Ministry of the Interior website, along with the recommendations of the Committee. Non-governmental organizations had been involved in the drafting of the report.

Prohibition of Slavery or Forced or Compulsory Labour

Slovenia was fully aware of the complexity of the phenomenon of trafficking in human beings, which was increasingly becoming a major challenge on the global level. Because of its geo-strategic position, Slovenia was primarily a transit European country, as well as being in some cases the final destination. An Action Plan on the Fight against Trafficking in Persons had been adopted in 2004 by the Government, based on the preventive and protective operation of all bodies and organizations that were involved in the fight against trafficking and also on training and international cooperation of professional staff, officials and volunteers working in the area.

Changes to the Penal Code had influenced the detection and investigation of criminal offences, primarily in the area of prostitution, which resulted in a reduced number of criminal offences being detected and investigated. The reason for this lay in the way victims transited through Slovenia. In recent years, the General Police Administration had been carrying out intensive training for investigators concerning the fight against human trafficking, in which experts from other institutions, NGOs and also other countries had participated.

Freedom of Movement

In 2004, 1,173 persons had applied for asylum in Slovenia. Slovenia was still considered as a transit country, as some 70 per cent of asylum seekers left the country, which meant that the asylum procedure was stopped. Slovenia had granted refugee status to 131 persons, among whom 15 were granted citizenship, one died, one moved to another country, and one person returned to his country of origin. A court trial was obligatory in cases where the restriction of movement of asylum seekers had been imposed. The appeal deadlines were shorter in manifestly unfounded cases. As regarded reception, the principle of family unity, protection of family life and privacy were considered.

Health care of asylum seekers had been organised within the context of the national health care system. The right to compulsory elementary education of asylum applicants was guaranteed. The integration of refugees was harmonised with the rules and practices of European Union countries. Refugees had the same rights to social services as did foreigners with permanent residency permits. With regard to rights to employment and work, education, as well as access to the courts and legal assistance, refugees were entitled to the same rights as Slovenian citizens.

Right to a Fair Trial

All efforts in solving court backlogs were “balanced” with an increase of cases filed. County courts were succeeding in reducing court backlogs with the exception of civil enforcement matters. For district courts, the delegation said, the number of backlogs was also on the decrease, but in cases of juveniles and criminal investigation, there was an increase. There was also an increase in the high courts. Other important legislative changes, albeit in the area of social and labour courts, included the introduction of obligatory second instance main trial hearings.

Right to Freedom of Expression

The competences of the Broadcasting Council were defined in the Mass Media Act, which defined that it was an independent expert body, consisting of seven members appointed by the National Assembly on the basis of public invitation, or chosen among candidates who had submitted their own candidacy if they were experts in specified areas. Concerning the independence of the media and freedom of expression, the delegation said the modification of the Mass Media Act was important. It would be harmonised with the Access to Public Information Act, which had strongly facilitated the access to public information for clients and journalists. The changes provided that journalists would, in case of denial of access to public information, have the possibility of complaint at a special State office.

The Mass Media Act defined that mass media activities were to be based on freedom of expression, the inviolability and protection of the human personality and dignity, the free flow of information, media openness to different opinions and beliefs and to diverse content, the autonomy of editorial personnel, journalists and other authors/creators in creating programming in accordance with professional codes of behaviour and the personal responsibility of those creators for the consequences of their work.

Right to take Part in Public Affairs; Non-Discrimination; Protection of National Minorities

The delegation said that in 2004, the Implementation of the Principle of Equal Treatment Act entered into force; it was a fundamental and general act on the prohibition of discrimination on the basis of any personal circumstance whatsoever, the delegation said. It set out common foundations and starting points for ensuring the equal treatment of everyone in the exercising of his or her rights and obligations and in the realisation of his or her fundamental freedoms in any area of social life, irrespective of personal circumstances such as national origin, race or ethnic origin, gender, state of health, disability, language, religious or other belief, age, sexual orientation, education, material standing, social status or any other personal circumstances.

Minority protection for the Italian and Hungarian national communities and for the Roma ethnic community had been introduced in the Basic Constitutional Charter. The members of other minority ethnic communities could exercise their rights under other articles of the Constitution. Access to public services and governmental positions was available to them under the same conditions as for every citizen, provided they had this status. Regarding the Roma in particular, which was not a national minority, but an ethnic community, the legal basis for the statutory regulation of the special rights of that group was in the Constitution, which provided that the status and special rights of the Roma community would be regulated by statute. A new Act was being prepared to protect their rights.

Oral Questions

In final comments by Committee Members, various issues were raised, including how the rehabilitation of the victims of trafficking was handled; confirmation of reports that Roma children in parts of eastern Europe were consistently sent to special schools as this appeared to be a significant problem; why the progress in the reduction of court-backlogs was so slow; that Slovenia should do its utmost to solve problems linked to the Roma; what assistance was given to refugees who wished to return home; and a confirmation of the rumours that some groups had made comments of a xenophobic nature aimed at inciting violence and to what extent this occurred, and had the State taken any steps to sanction such acts. Committee Members also commended the quality of the report, and thanked the delegation for their written answers. The delegation responded briefly to these questions and comments.

Preliminary Remarks

ELISABETH PALM, Vice Chairperson of the Committee, said the members of the delegation were to be congratulated on the very competent and disciplined way that they had responded to the questions posed by the Committee Members. The written report had been very impressive, as were the written answers, which had been very helpful. Regretfully, the report was five years late, but the Committee could see that the country had been very busy with amending legislation and so forth. The whole treaty system depended on the States fulfilling their obligations and consequently entering into a dialogue with the Committee with the aim of improving their human rights.

There had been some questions that had not required elaboration, but some concerns still rested. Concluding remarks and recommendations from the first report had not always been implemented, although some, in particular the recommendation that legislation be amended and expanded, had been done so fully. There was still concern, however, for the extent of the dissemination of the Convention. Positively, there had been a lot of improvement, in particular concerning equality between men and women, although there was still a need for more women in higher positions and to balance wages between the genders.

There was also concern for the issue of police brutality and how complaints were handled and whether people in detention were aware of their rights. The Committee looked forward to seeing the new legislation on torture. Some concerns regarding the full compliance to articles 26 and 27 in the context of the Roma also remained. However, it had been a rewarding experience, and the way the report had been presented was very good.

For use of the information media; not an official record

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