Varuh človekovih pravic

THEMATIC REPORT on visits to prisons for the elderly and / or disabled with disabilities, the deaf / hard of hearing, the blind / visually impaired and / or the disabled

Basic data on locations:

There are three central prisons in Slovenia, i.e. for women in Ig, for men in Dob (serving sentences of more than eighteen months), which has the Slovenska vas semi-open unit (at another location) and the Puščava open unit, including a prison for minors and young adults in Celje. There are also three regional prisons, i.e. in Koper, Maribor and Ljubljana (serving sentences up to eighteen months), and their sections at other locations in Nova Gorica, Novo mesto, Murska Sobota, Ig and Rogoza (serving sentences up to six months).

Prisons and their sections at other locations have the following official capacities to accommodate imprisoned persons (convicts, remand prisoners and persons imprisoned for the non-payment of fines):

 

1

Dob Prison – closed section

for 449 persons

2

Dob Prison – Slovenska vas semi-open unit

for 70 persons

3

Dob Prison – Puščava open unit

for 21 persons

4

Ig Prison (for women)

for 103 persons

5

Celje Prison

for 98 persons

6

Ljubljana Prison

for 135 persons

7

Ljubljana Prison – Novo mesto unit

for 35 persons

8

Ljubljana Prison – Ig open unit

for 27 persons

9

Koper Prison

for 110 persons

10

Koper Prison – Nova Gorica unit

for 28 persons

11

Maribor Prison

for 146 persons

12

Maribor Prison – Murska Sobota unit

for 34 persons

13

Maribor Prison – Rogoza open unit

for 36 persons

 

Total:

for 1,292 persons

 

 

 

Course of the visit and preparation of the report:

► A questionnaire was drafted to determine the actual number of elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners accommodated in prisons and their sections at other locations, and particularly the capacities available for their accommodation. On 23 May 2017, the questionnaire was submitted to all prisons and their sections at other locations with a request for the questionnaire to be completed and returned by 15 July 2017, which the addressees observed (with minor delays).

After receiving and reviewing the questionnaires completed by prisons and their sections at other locations, visits to the prisons and their sections at other locations were carried out between 14 September and 10 October 2017. All visits were unannounced. The purpose of these visits was to examine the actual circumstances or conditions for accommodating elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners. We also spoke with elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners if they were present at the prison or its section at another location during the visit and if they expressed the desire to speak with us.

Visiting group: varied (according to the size of the prison or its section at another location), one or two representatives of the Ombudsman and one representative of a non-governmental organisation (Slovenian Federation of Pensioners’ Associations).

Content of the visit: In March 2008, the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) began implementing the duties and powers of the National Preventive Mechanism (NPM) together with selected non-governmental organisations. The basic duty of the NPM is to regularly visit institutions where persons who have been deprived of liberty are, or could be, accommodated or where their movement could be restricted in any way, which also include prisons and their sections at other locations. The purpose of the NPM visit is to regularly review the treatment of persons deprived of liberty in places of deprivation of liberty (as defined in Article 4 of the Act ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment) in order to enhance their protection from torture and other forms of cruel, inhuman or degrading treatment or punishment. If necessary, recommendations are submitted to suitable bodies in order to improve the conditions and treatment of persons deprived of liberty. In this regard, the NPM may also submit proposals and comments regarding applicable or draft acts.

When visiting prisons and their sections at other locations, the NPM determined that the number of imprisoned persons varied. It can be understood from statistical data that the average number of all prisoners in 2008 was 1,364 (1,002 of whom were convicts and 308 remand prisoners). The maximum number in 2015 was 1,511 (1,180 of whom were convicts and 220 remand prisoners), which dropped in 2016 to 1,376.8 (1,145 of whom were convicts and 210 remand prisoners). 

We noted that the age structure of prisoners has also changed in prisons and their sections at other locations and the number of elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually- impaired prisoners and/or mute prisoners is increasing. This is also confirmed by data published in annual reports of the Prison Administration of the Republic of Slovenia (UIKS) that refer to the age of imprisoned persons. Page 23 in sub-chapter '2.3.6 Structure of prisoners by age' in the annual report of the UIKS for 2008 (as already mentioned, this is the year when the NPM began implementing its duties) has a table with data on the age of imprisoned persons. From the section of the table referring to the age group between the ages of 59 and 69, it is evident that the total number of these prisoners was 53 and five were older than 69 years. From the same table in the annual report of the UIKS for 2016, it is evident on page 68 that the number of prisoners in the same age groups had more than doubled. There were thus 106 prisoners aged between 59 and 69 and 18 were older than 69 years.

Since most prisons and their sections at other locations are located in older buildings with premises that were not anticipated to accommodate elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners, the Ombudsman decided to minutely examine the conditions provided for these categories of prisoners when performing the duties and powersof the NPM and to report its findings in a thematic report, which also includes recommendations for improving conditions for their accommodation.

Reporting: the thematic report on the visits was submitted by post to the Head Office of the Prison Administration of the Republic of Slovenia (GU URSIKS) on 18 January 2018, with a proposal to discuss the report and communicate its position within 30 days. We received the relevant reply on 20 February 2018, i.e. 33 days after the report was submitted. Courtesy copies of the report were also sent to all the prisons visited and their sections at other locations.

Following the receipt of the reply from the GU URSIKS, we submitted the thematic report on visits to prisons and their sections at other locations together with the response of the GU URSIKS to the Ministry of Health[1] on 28 February 2018, with a proposal to discuss the submitted documents and communicate its position within 30 days. We received the Ministry’s reply on 15 March 2018, i.e. 15 days after the report was submitted.

Concluding observations on thematic visits: On the basis of replies to the questionnaire and also when performing thematic visits, it was established that the accommodation of elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners was usually not provided for accordingly in prisons and their sections at other locations, or this field was not suitably arranged. In our opinion, partly suitable arrangement for their accommodation is provided only in Dob Prison (on the second floor of the first unit with adjusted rooms) and conditionally in Celje Prison and Juvenile Prison, which has two rooms known as 'rooms for the physically impaired' (one room is on the ground floor and one on the first floor). Nevertheless, rooms used in these two prisons for the accommodation of elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners are not equipped with suitable hospital beds (e.g. the trapeze bar to assist getting up, possibility to adjust the height and inclination of the bed).

Most prisons and their sections at other locations have a particular room intended as a patient room (Dob Prison, Ljubljana Prison, Ig Prison, Koper Prison, Koper Prison – Nova Gorica unit, Maribor Prison – Rogoza unit, Celje Prison and Juvenile Prison); however, these rooms are also not equipped with suitable hospital beds (usually only with old and worn-out beds). The beds available in these rooms do not enable adjustments (of height and inclination), and not all of them were equipped with a device (trapeze bar) for getting up (during thematic visits).

The ZIKS-1 stipulates that every prison must have a patient room where prisoners are treated. Regarding the equipment of patient rooms, the ZIKS-1 determines only that the patient room must be equipped in compliance with general regulations (paragraph one of Article 60 of the ZIKS-1). Suitable equipment is required also by paragraph two of Article 47 of the PIKZ, but does not particularly define it.

In one of the cases discussed in the past, we asked the UIKS to state the criteria an individual patient room in a prison must meet in order to be determined as a patient room. The reply stated that patient rooms were equipped similarly to patient rooms in health-care institutions outside the prison. Dob Prison suggested to the health-care centre in Trebnje that it draft criteria for a patient room in the prison and its equipment according to general regulations. The health-care centre determined that the legislation was insufficient in this respect, and it asked the Ministry of Justice to issue a regulation governing all matters relating to patient rooms in prisons, and a temporary instruction until the regulation was issued. The health-care centre also highlighted that no official document stated that the health-care service provider should prepare equipment criteria for patient rooms. General regulations do not cover special situations in prisons. The issues of ensuring various security regimes, the right to smoke and many other problems thus remain open. The health-care centre also assessed that the location of patient rooms and prison rooms with the most problematic prisoners on the same wing of Dob Prison were not suitable.

At our request about the regulatory definition (of equipment) of patient rooms in the ZIKS-1 and other subordinate regulations and also because of the proposal of Trebnje health-care centre, the Ministry of Justice explained that the relevant regulations did not provide the basis for issuing a suitable executive act, which, at the proposal of Trebnje health-care centre, would regulate the specifics of patient rooms in prisons, particularly regarding the provision of various security regimes and similar. The equipment of patient rooms in prisons is defined in the ‘Standards for constructing and equipping prisons’ issued by the Prison Administration of the Republic of Slovenia on 24 November 2005 on the basis of the criteria for arranging business premises for the needs of state administration (Government of the Republic of Slovenia, no. 361-00/2001-8 of 4 November 2004). In Article 3, the Standards determine that the patient cell is to be equipped with:

  • a hospital bed with a trapeze bar;
  • a high nightstand for patients;
  • a portable table with wheels for patients;
  • a chair with no backrest;
  • a metal bin with a lid;
  • a TV shelf;
  • a two-door wardrobe;
  • a small refrigerator – 40 l (only applies to new buildings with arranged partial or fully individual food preparation).

Regarding the provision of individual regimes in patient rooms, the right to smoke and other similar issues, the Ministry of Justice undertook to examine the possibilities for the most suitable form of detailed arrangements. It optimistically concluded that most of the problems with patient rooms in Dob Prison would be finally resolved when the renovation of this prison is completed, whereupon new patient rooms would be constructed in the new building. As is evident in our findings, these forecasts were not fully realised. Given the varying arrangements and due to the not entirely suitable equipment of these premises, we believe that it is mandatory for patient rooms to be arranged and equipped in accordance with their purpose uniformly at all locations, and for suitable spatial siting to be provided for (on the ground floor if possible).

Architectural barriers which actually prevent or hinder the movement cause great problems when accommodating elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners in prisons and their sections at other locations. As mentioned above, with the exception of prisons in Dob and Koper, no prison is equipped with a lift to facilitate the movement of elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners (e.g. for those using various aids when moving) and thereby enable them to go outside for some fresh air, take a walk, visit the library, prison shop or go elsewhere. Architectural barriers also cause problems for other prisoners (who are not elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners), but have been injured when in prison (e.g. at work or other activities) and are forced to use aids when moving (e.g. crutches). According to prisoners themselves, all of the above may be reasons contributing to the fact that elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners do not take walks or attend various other activities in prisons or their sections at other locations (e.g. occupational therapy etc.). If certain standards in this field are observed, rooms used by these persons should be equipped in a way that enables access with a wheelchair, sufficiently wide doors, wide corridors fitted with handles, suitably wide stairs with handles at suitable heights and ramps with a gradient of no more than 8 degrees. The flooring of stairs and other rooms must not be slippery and must be safe to walk on when wet. The sanitary facility must be of suitable size and equipped with handles and a shower at the level of the floor to be used by disabled people on wheelchairs (e.g. in the ‘Rules on the requirements for free access to, entry to and use of public buildings and facilities and multi-apartment buildings’ and the ‘Rules on minimum technical requirements for social services providers’).

The prisons and their sections at other locations do not (yet) employ caregivers who would help elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners to maintain personal hygiene or other similar activities. According to our findings, such assistance is arranged in different ways in prisons and their sections at other locations, or it may be provided by health-care staff, or an external provider/caregiver is engaged; whereby, who pays for such service is not arranged uniformly (in certain cases, the service is paid for by prisoners themselves, or the prison on the basis of an order, or the Health Insurance Institute of the Republic of Slovenia on the basis of a work order by the infirmary.

Most elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners also use several different medicinal products every day to alleviate their pain and maintain their health. It was established in the majority of prisons and their sections at other locations that medicinal products for them (and also for other prisoners) are prepared in the infirmary, but are later distributed by judicial police officers. The Ombudsman or the NPM has criticised this approach several times in its reports (e.g. when visiting Koper Prison, 21 June 2017).

The NPM’s recommendations to improve the situation:

  1. We recommended that the UIKS prepare a special strategy with detailed instructions and guidelines for discussing the needs of elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners in order to ensure their equal treatment. Among other things, the strategy should discuss the hiring and training of staff who will care for the needs of this vulnerable group; it should determine particularities when grouping and accommodating handicapped persons, arrange for their health care, access to prison activities, and ensure their safety and preparation for release, including the preparation of early (conditional) release.
  2. It is necessary to provide fully adapted premises or units in one or several prisons in order to make them suitable for accommodating prisoners who, due to age, illness or disability, need additional assistance when meeting their basic needs, to furnish these premises with suitable equipment, enabling the safe implementation of activities for elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners in all fields of life, and enable their unhindered movement, i.e. without architectural barriers (stairs and other uneven surfaces). 
  3. All rooms in prisons or their sections at other locations used as patient rooms should be of sufficient size, without unnecessary architectural barriers, and should be equipped uniformly with suitable hospital beds and other required equipment.
  4. It would be necessary to start employing suitable nursing and care staff for elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners who need additional assistance (e.g. when maintaining personal hygiene and other everyday activities) and who, for security and other reasons, cannot be accommodated in suitable social care institutions or other institutions. If employing suitable nursing staff proves unsuitable, methods and conditions would have to be arranged uniformly for all prisons and their sections at other locations to provide such assistance (e.g. assistance when maintaining personal care on the basis of an order etc.).

► Reply of the GU URSIKS to recommendations:

Regarding the first recommendation: The GU URSIKS replied that with, the exception of the lack of staff and deficiencies concerning technical arrangements of rooms in prisons, the GU URSIKS did not deal with particular deviations when discussing this population of prisoners. Relating to the relatively small system, the GU URSIKS encounters a low number, but which is exceptionally varied in range, of cases, when incarceration must be adjusted to prisoners’ special needs. On the basis of the foregoing, the GU URSIKS failed to see the need to form the special strategy proposed. Due to the lack of staff to whom such a strategy would refer, the diversity of specific individual examples and the specifics of individual prisons (and units), the GU URSIKS believed that a special strategy would not contribute to the desired objective. It was also of the opinion that the strategy would 'merely' follow general, already known guidelines regarding treatment in such circumstances, which would not add any special value in practice or make a special contribution to improving the treatment of these persons (in comparison with the current practice). On that note, the GU URSIKS added that their priorities at that time included efforts to hold a suitable discussion of individual (diverse) concrete cases, monitoring examples of good solutions and practices, recognising and monitoring problematic or more challenging cases and finding solutions for them. Current priorities also involve efforts to establish optimum technical and spatial conditions and further employ the required staff within the powers of the GU URSIKS.

Regarding the second and third recommendations: The GU URSIKS replied that requirements regarding the equipment of patient rooms as defined in the ‘Standards for constructing and equipping prisons’ would be re-examined, and it would make every effort in the future to make sure that prisons realise the standards concerning the equipment of patient rooms. It will also examine the possibilities of changes regarding location of patient rooms within prisons (on the ground floor).

In addition to the highlighted equipment of patient rooms, the NPM also determined other deficiencies at individual locations and in the equipment of other prison premises. In this regard, the GU URSIKS noted certain activities planned at individual locations:

  • The renovation of common bathrooms has begun in Celje Prison and Juvenile Prison, where sanitary facilities will also be provided for elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners.
  • In accordance with available financial means, the investment within the second phase of renovating premises for visiting prisoners will be finished as soon as possible in Maribor Prison, where access to the rooms and the rooms themselves will be equipped accordingly or adjusted also for prisoners with special needs, including visitors with physical impairments.
  • To satisfy the needs for the more comprehensive treatment of elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners, Maribor Prison drafted a project for renovation of the infirmary, which also anticipates the arrangement of a patient room according to modern health standards. From the viewpoint of room functionality and provision of mobility of prisoners accommodated in the patient room, a lift for accessing the recreation area is anticipated.
  • A project task of partial renovation of the unit has already been prepared by Murska Sobota unit of Maribor Prison, within which the bathroom for physically impaired prisoners and the construction of a ramp is planned. The project task will be implemented within the scope of financial capacities.
  • Dob pri Mirni Prison will examine the possibility of purchasing or obtaining newer hospital beds by means of a donation, which would enable the adjustment of height and inclination, and would be equipped with side rails. They will re-examine the suitability of ramp inclination and try to arrange access for the elderly and/or disabled and persons with physical impairments in a friendlier manner.
  • A handle and a shower seat were fitted in sanitary facilities in one of the residential buildings in Slovenska vas semi-open unit.
  • One of the rooms is being converted into a bathroom in Ig Prison, which will also be adjusted for physically impaired prisoners. Rooms adjusted for elderly and/or disabled prisoners, prisoners with physical impairments, deaf/hearing-impaired prisoners, blind/visually-impaired prisoners and/or mute prisoners are also planned within the renovation of the prison.
  • The provision of special rooms for the relevant population is also anticipated in the project task of the newly constructed prison in Dobrunje, which will replace the current Ljubljana Prison and which will also include the currently open unit in Ig.

Regarding the fourth recommendation: The GU URSIKS replied that different practices of providing assistance and care for prisoners were based on different circumstances on the basis of which such assistance was being arranged. Namely, the provision of such care and assistance depends on other rights or benefits to which individual prisoners are entitled. Certain prisoners are entitled to an assistance and attendance allowance from social assistance benefits, while some receive work orders from the health sector. Regarding the initial possibilities of a particular prisoner benefiting from such contributions or receiving such benefits, further activities of the GU URSIKS are planned relating to the provision of assistance and care to particular persons (e.g. by supplementing access to assistance and care by means of the GU URSIKS concluding an agreement with an external provider offering such assistance). With regard to interrelated options to utilise care and assistance as a form of both social and health care, the GU URSIKS assessed that determining a 'universal' uniform way to ensure care and assistance for prisoners would not be the most optimal or suitable solution. It furthermore added that it agreed with the NPM’s observations that it was not suitable to plan or organise assistance in the way that assistance was (also) provided by other prisoners (e.g. assistance with maintaining personal hygiene).

The GU URSIKS also explained that it believed with regard to the thematic report as a whole, that it was important and appropriate to also emphasise the significance of prisoners’ health care in the penal system (and other sanctions and measures relating to liberty). It was of the opinion that it would be suitable to actively include also the Ministry of Health in all the efforts, planning and warning. Care for the suitable health and rehabilitation treatment of persons with special needs would also have to involve this sector. In the report, the NPM also discusses and highlights the issue of physical rehabilitation, the field of providing and prescribing hygienic aids by physicians, including the question of determining responsibility for the health care of this population of prisoners. The GU URSIKS is aware of its role when enabling prisoners to exercise their right to health care (and other human rights). It is also aware of deficiencies which it still has to eliminate, according to the report, which it will particularly strive to achieve. While enabling sentences to be served safely and decently, the GU URSIKS frequently finds the health sector plays an unduly passive role, whereas in their opinion, it should be more active when dealing with the issue of prisoners’ health.

A courtesy copy of the thematic report was thus also sent to the Ministry of Health and local health-care centres. We proposed that the addressees discuss the thematic report and communicate their positions about the relevant issues, particularly about the recommendations made to improve the situation in this field.

The Ministry of Health denied that it was inactive in this field. Namely, the Ministry ensures the payment of the difference up to the full value of health services for all remand prisoners and convicts, regardless of their age or any other personal, physical or health condition. The costs also include medical devices. The Ministry also replied that basic health care for prisoners and remand prisoners was provided by health-care centres, to which the Ministry of Health paid a flat-rate amount.

Furthermore, the Ministry stated that it was willing to actively participate with other competent services to resolve issues highlighted by the NPM and to find solutions which would enable further suitability of health care, particularly for the vulnerable groups which the NPM mentioned. The Ministry of Health advocates intersectoral dialogue and cooperation, in which it would certainly participate.

Only two health-care centres responded to the thematic report, i.e. Novo mesto health-care centre and Murska Sobota health-care centre. They stated in their replies that they provided health care to convicts and remand prisoners in accordance with the agreement on implementing the health-care service programme.

 

QUESTIONNAIRE - Elderly persons, persons with disabilities, persons with physical impairments, deaf and hard of hearing, blind and partially sighted and mute persons in prison (hereinafter referred to as: handicapped persons)


[1] The thematic report, together with the reply of the GU URSIKS and the proposal to be discussed and its position communicated within 30 days were also submitted to all health-care centres located near prisons and their sections at other locations: only health-care centres in Murska Sobota and Novo mesto responded (we received their replies on 27 March 2018 and 3 April 2018, respectively).

 

 

Natisni: