I. THE WORK

Statistics

Between 1 January 1998 and 31 December 1998 a total of 3,348 complaints were addressed to the ombudsman (not including complaints from 1997 that had not been concluded and cases reopened in 1998). The rise in the number of complaints received from 1997 to 1998 was 16.0 per cent.

The largest number of complaints which the ombudsman received in 1998 (as in 1995 - 1997) related to the following areas:

• court and police procedures: 881 complaints (26.3 per cent of all complaints received);
• administrative affairs: 697 complaints (20.8 per cent of all complaints received).

The table shows that from 1997 to 1998 the biggest rise in complaints received was in the following areas:

• cases relating to restriction of personal freedom: from 128 to 213 complaints received (an increase of 66.4 per cent in complaints received in this area);
• labour relations: from 138 to 221 complaints (an increase of 60.1 per cent);
• public services: from 26 to 37 complaints (an increase of 42.3 per cent).
  

Web site

From the beginning of November 1998 you can find all the information concerning the work and organisation of the Varuh človekovih pravic also on his home page in internet (Slovene and English version) under following address: http://www.varuh-rs.si

Reception marking Human Rights Day and the 50th anniversary of the Universal Declaration of Human Rights

As every year Slovene ombudsman organised at the occasion of the Human Rights Day in the beginning of December 1998 a reception for high representatives of the state authorities, diplomats and representatives of the media. Last year’s celebration of Human Rights Day carried a particular solemnity in the wider international community, for on 10th December it was 50 years since the General Assembly of the United Nations adopted and issued the Universal Declaration of Human Rights.

Speaking about the Declaration Mr. Bizjak stressed, that the respect and protection of human rights have during this time undergone a marked development, although there are today still cases of barbarism which would shame the human conscience. The mere declaration of rights alone does not lead to their fulfilment. For this, much else is needed, from the appropriate environment of a democratic state based on the rule of law, to the numerous mechanisms which protect and ensure the fulfilment of guaranteed rights, said Mr. Bizjak.

Among the factors which can and must contribute to the improvement of conditions in the area of human rights Slovene ombudsman, beside the three branches of power, research, educational and social institutions, put out the civil society, organised into various groups, associations and other formal and informal organisations. Mr. Bizjak expressed also strong hope that Slovenia will soon succeed in setting up a national programme of education for human rights and that in the future the civil society in Slovenia will become more active
 
Commemoration of the 50th Anniversary of the Universal Declaration of Human Rights

The Human Rights Ombudsman of Slovenia has also prepared, as a contribution to the celebration of the 50th Anniversary of the Universal Declaration of Human Rights, a special edition of the Declaration with the motto "Human Rights - your and my freedom". The special edition has been printed in 50.000 copies and spread to the pupils in the secondary schools. For the reason of the campaign there has been printed also one thousand posters. In Slovenia there are over 140 secondary schools. During the campaign, that has started at the beginning of October last year, Mr. Bizjak visited several secondary schools all over the country where he met with the pupils and their teachers. They discussed the questions related to the Universal Declaration and problems young people are facing with. During the campaign Mr. Bizjak met with over than 1.500 pupils and teacher.

Mr. Bizjak at the celebration of the 50th Anniversary of the Universal Declaration of Human Rights

On December 10, 1998, Slovene ombudsman participated on the invitation of the French government at the celebration of the 50th Anniversary of the Universal Declaration of Human Rights in Paris. At that occasion Mr.Bizjak took part at the solemn session of the French Senat and the colloquy on human rights and culture, where participated also French minister for culture Mrs. Catherine Trautmann. Slovene ombudsman was also present at the solemnity in the Palais de Chaillot, where in 1948 the Universal Declaration of Human Rights was adopted.

II. BILATERAL CONTACTS

Meeting with the Croatian Ombudsman Mr. Ante Klarić

Slovene ombudsman met on November 11 with his Croatian counterpart Ante Klarić, who payed a one-day working visit to Slovenia. Mr. Bizjak briefed Klarić about the activities of his office and some problems he faces in carrying out the tasks of an ombudsman and focussed on time-consuming court proceedings and other administrative procedures. Discussing back court cases Mr. Klarić said the Croatian courts face nearly a million unresolved cases, but the figure is 500,000 for Slovenia, explained Mr. Bizjak.

Croatian ombudsman Klarić also met with Deputy Speaker of the National Assembly Andrej Gerenčer, Chairman of the parliamentary Committee for Home Affairs Darja Lavtižar-Bebler, Constitutional Court President France Testen and President of the Supreme Court Mitja Deisinger. Mr. Klarić was updated on the role of the Slovene ombudsman and the Slovene system as well as on the relations between ombudsman and parliament. At the Constitutional Court the respect of human rights by way of legislation and constitutional court rulings was discussed.

The Croatian ombudsman called for closer cooperation between both offices, which share similar experiences as well as problems. Both ombudsmen agreed that it was of utmost importance to exchange opinions and experiences in order to enhance the work of both institutions.

Meeting with the Deputy Secretary General of the Council of Europe

On November 12, 1998, Slovene ombudsman met with the Deputy Secretary General of the Council of Europe Mr. Hans-Christian KrĂĽger and the Slovene Ambassador to the Council of Europe Mrs. Magdalena Tovornik.

Mr. Bizjak presented to Mr. KrĂĽger the development of the institution of the ombudsman in the Republic of Slovenia and acquaint him with the fields and problems slovene ombudsman is dealing with. Among the problems Mr. Bizjak put out unreasonable long court proceedings and other administrative procedures. He also stressed the importance of cooperation between the Council of Europe and national Ombudsman Institutions.

Deputy Secretary General of the Council of Europe said that the Council of Europe also ascribes a great importance to the cooperation and strengthening the relations with the ombudsmen. Mr. Bizjak and Mr. KrĂĽger also discussed the questions related to the creation of the institution of the Council of Europe Human Rights Commissioner.

Mr. Bizjak met with the Deputy Minister of Foreign Affairs of the Czech Republic

On December 17, 1998, Slovene ombudsman met with the Deputy Minister of Foreing Affairs of the Czech Republic Mr. Martin Palouš and the Ambassador of the Czech Republic in Slovenia Mrs. Jana Hybaškova.

Mr. Bizjak presented to Mr. Palouš the work and competences of the ombudsman in Slovenia and estimated that the state authorities to a great extent take in consideration the suggestions, recommendations and opinions of the ombudsman. But there are more problems with some systemic problems, like unreasonable long court procedures, stressed Mr. Bizjak.

Mr. Palouš was especially interested in the relation between the institution of the ombudsman to all the three branches of power and the non-governmental organisations, which are working on the field of human rights protection and promotion. Both agreed that for the work of the ombudsman the independence and impartiality are very important and the good cooperation with the NGO’s very useful. Deputy Foreign Minister of the Czech Republic also stressed that it is also very important to establish an adequate level of public discussion concerning the human rights questions and mentioned that in such process the ombudsman could play, as an initiator of the public discussion, very important role.

Mr. Bizjak met the President of the Romanian Legislative Council

On January 15, 1999, Slovene ombudsman met with the President of the Romanian Legislative Council Mr.Valer Dorneanu. Mr. Bizjak presented to the guests the work and the competences of the Slovene ombudsman and mentioned that the institution of the ombudsman in the countries in transition is even more important than in the countries with a long democratic tradition. Both agreed that for the efficient protection of human rights a complete and stable legal order is of vital importance.

III. MISCELLANEOUS

6th Round Table with European Ombudsmen

Slovene ombudsman participated in the 6th Round Table with European Ombudsmen, held in Malta from 7 to 9 October 1998. For the Round Table he prepared an introductory report on the theme "Rights of persons deprived of their liberty". Dealing with the problems which arise with various forms of deprivation or restriction of liberty is not the responsibility of all European ombudsmen. It is however without a doubt an extremely important and sensitive area, since every deprivation or restriction of personal freedom is a very serious encroachment by the state on the rights of the individual, mentioned Mr. Bizjak at the beginning of his report, and stressed that people deprived of their liberty are a specially sensitive group.

Concerning the role of the ombudsman in the protection of the rights of people deprived of their liberty Mr. Bizjak outlined that the role of the ombudsman is a dual one: he identifies violations of rights and works to eliminate violations and their consequences, while on the other hand he works preventively. The ombudsman can be an effective domestic mechanism for the prevention of torture, inhuman and degrading treatment or punishment. He takes each case as it appears, contributes to the realisation of recommendations and assesses the situation in this area - also by investigating alleged irregularities. Through his opinions, proposals and recommendations he can contribute to the improvement of regulations and practices relating to persons deprived of their liberty.

Slovene ombudsman put out also some questions concerning the people who are placed against their will in psychiatric hospitals, where arises further question of the correctness of the commitment procedure and verification of the justification of detention. The legislation which regulates detention without the consent of the individual differs from country to country. The usual condition of detention is that the individual presents a serious threat to himself and others and that this danger cannot be circumvented by milder means. Checking these conditions presents a practical problem. The institution of patient advocacy which exists in some countries makes an important contribution to more suitable judgement and establishes ‘equality of arms’. Without it the patient is in a markedly inferior position. In any case, in such cases the legal protection of the right to personal freedom must be guaranteed, stressed Mr. Bizjak and mentioned that the question raises itself as to whether the time has come to shape the key rules regarding the rights of psychiatric patients into a special convention guaranteeing a uniform (higher) standard of rights for these people.

Round Table on draft Albanian Law on People’s Advocate in Tirana

On the invitation of the Directorate of Human Rights of the Council of Europe Slovene ombudsman took part from December 2 to 4, 1998, in the Expertise and Round Table on draft Albanian Law on People’s Advocate in Tirana. The Round Table was co-organised by UNDP, OSCE and Council of Europe. The aim of the meeting in Tirana was to familiarise participants with the operation of ombudsman institutions in Europe, to discuss in detail the draft Albanian Law on the People’s Advocate and to initiate the planning for the practical organisation and development of the Office of the People’s Advocate. Therefore Mr. Bizjak prepared a written analysis of the draft Law on the People’s Advocate of Albania and participated as an expert in the Round Table. Among others Slovene Ombudsman in his analysis stressed that as an ombudsman has no executive power, and can not take any binding decision, it is of outmost importance that his/her power is not unnecessarily limited. It is to give the institution a clearly defined mandate, field of jurisdiction and wide competences. Every unnecessary limit can represent a source of disputes which can endanger the reputation of the institution. But the reputation of an ombudsman institution is the main precondition for effectiveness, also mentioned Mr. Bizjak.

Deputy Ombudsman Mr. Aleš Butala elected as a member of CPT Committee

On November 10, 1998, the Committee of Ministers of the Council of Europe elected Deputy ombudsman of the Republic of Slovenia Mr. Aleš Butala as a member of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT). His term will run for four years.