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Varuh človekovih pravic

SLOVENIA

THE PRESIDENT VISITS THE OMBUDSMAN

President of Slovenia Milan Kučan visited the Ombudsman's Office at the invitation of Human Rights Ombudsman Matjaž Hanžek. In their meeting they focused on systemic issues which are an indication of the actual functioning of the state. President Kučan emphasised the fact that after seven years the institution of ombudsman has firmly anchored itself in the consciousness of citizens and gave a positive endorsement of its work.

The president and the ombudsman drew attention to the fact that greater responsibility must be guaranteed on the part of state bodies for the respecting of legality and that efforts for their more rational organisation need to be supported.

The ombudsman drew attention to the excessive ease with which certain laws are adopted, for whose implementation material resources are not subsequently provided and implementing regulations not issued. President Kučan agreed with the ombudsman that as well as the legal aspect of the regulation of the country it is necessary to take into account the social integration of society, since under the constitution Slovenia is a social state based on the rule of law. He supported the ombudsman's intention to draw attention, in his report to the National Assembly, not only to legal aspects but also to broader ethical and moral aspects.

Human Rights Ombudsman Matjaž Hanžek observed that in Slovenia the failure to provide conditions for the exercising of rights is a more common problem than the direct violation of rights. Citizens need to be encouraged to take a more active approach to the exercising of their rights.

The ombudsman drew attention to the problems of latent discrimination and the absence of sufficient willpower to do away with this. He added that as well as tolerance of difference, active knowledge and understanding of difference is required. The ombudsman also drew attention to the lack of regulation of complaints procedures in various areas and the necessity of regulating the work of government offices so that by taking an active approach they could obviate the need for ombudsmen for special areas.


THE OMBUDSMAN MEETS THE SPECIAL INVESTIGATOR OF THE INTERNATIONAL FEDERATION OF JOURNALISTS INTO THE PETEK CASE

Human Rights Ombudsman Matjaž Hanžek met the special investigator of the International Federation of Journalists Alexander Sami who has been authorised to prepare a special report on the attack on Miro Petek, a reporter for Slovene newspaper Večer, which took place in February 2001.

The two parties agreed that the attack on the reporter constitutes a violation of the right to information and a restriction of freedom of expression. The Ombudsman acquainted the special investigator with the activities which the Ombudsman's office has carried out in order to shed more light on the case, and with the results of investigations.

After several international journalists&#8217; groups protested at the snail&#8217;s pace of the police investigation into the Petek affair, and the allegations that the investigation was being hampered by dealings between local businessmen and the police, the IFJ announced late last December that it would launch its own investigation. Sami met with the various parties involved in the case, including representatives of the government, the police and the media. The report was presented in Brussels on Friday 14 June.

The IFJ (International Federation of Journalists) sent a letter to the President of Slovenia Milan Kučan, the President of the European Commission Romano Prodi, the EU Enlargement Commissioner Günter Verheugen and the current European Council President Jose María Aznar informing them of the report and calling on them to do everything in their power to ensure the conclusion of the Petek case.


RESEARCH INTO THE PROTECTION OF HUMAN RIGHTS AND THE POLICE PRESENTED TO THE HUMAN RIGHTS OMBUDSMAN

Representatives of the police presented the research project The Protection of Human Rights and the Police to the Human Rights Ombudsman.

General Director of the Slovene Police Marko Pogorevc used the opportunity to state that with this research the police hope to contribute to increasing the transparency of their work. The results of the survey carried out at the end of last year among police officers from all police directorates in Slovenia will be used as a basis in the formulation of the guidelines for the further work of the police in Slovenia. Pogorevc added that emphasis will be placed not only on greater supervision of the work of police officers but also on education and training at all levels, and that the considerable help already offered by the Human Rights Ombudsman will continue to be welcome.

The ombudsman welcomed the efforts of the police to raise the level of respect for human rights within their ranks. In his opinion the research into selected borderline hypothetical cases in which the police officer can most easily find himself in doubt gives a clear picture of the level of human rights awareness and the respecting of human rights among police officers.

The ombudsman has on several occasions proposed changes to legal regulations and the formulation of concrete instructions covering the work of police officers. These suggestions are confirmed by the research, and on its basis certain statutory or implementational changes will be made. Normative consistency is essential for the greater efficiency of police officers in their work and in preserving confidence in the police. Also vital is consistent punishment of violators from the ranks of the police, added the ombudsman, as he responded to the invitation of the general director to take part in the education of police management employees.

The ombudsman and the general director of the police agreed that raising police officers' consciousness of human rights and the respecting of the same is a process which both institutions will continue to strive towards in the future.


THE OMBUDSMAN VISITS THE CENTRE FOR REFUGEES

At the invitation of the Refugee Committee of the accommodation centre in Vič, Human Rights Ombudsman Matjaž Hanžek viewed conditions in the centre and used the opportunity to meet representatives of the UN High Commission for Refugees, Amnesty International, the 'Pregnanci' ('Exiles') programme of the KUD France Prešeren and the 'Politični laboratorij' association.

The Ombudsman listened to the views and positions of those present on the problem of regulating the status of persons granted temporary asylum and on their eviction by the end of June because of the planned building of a new asylum centre. He expressed his understanding of the distress suffered by people in the centre who during their ten-year wait to have their status regulated have already integrated completely. The state must provide a systemic regulation of conditions. The cases of refugees in the centre must be dealt with individually and separate solutions must be found for every family, added the Ombudsman, going on to express the need for promises on the regulation of conditions to be realised in law. He also invited the representatives of the Refugee Committee to take part in tolerant dialogue and a constructive search for solutions.


THE OMBUDSMAN RECEIVED YOUNG EUROPEAN PARLIAMENTARIANS

In April Human Rights Ombudsman Matjaž Hanžek received 18 students taking part in the Model European Parliament project. The aim of the project, which this year included a total of 178 students, is to familiarise secondary school students with the workings of the European Parliament. Once a year, and in a different country every year, the selected students simulate a session of the parliament and all its committees. The project has been running for several years but this year was the first time that it has been held in a country which is not yet a member of the European Union.

The Ombudsman greeted the young guests, who were debating the problem of xenophobia through a simulation of the European Committee on Legal Affairs and the Internal Market. He took the opportunity to remind them that 8 April is the International Day of Roma and outlined the issues relating to Roma in Slovenia. He presented them with the conclusions of the recent international conference in Lithuania where the European ombudsmen talked among other things about discrimination against Roma in the light of the right to education, and outlined concrete cases of xenophobia in Slovenia which he has encountered in the course of his work.

After concluding their work the young parliamentarians adopted a resolution on the issue of the fight against xenophobia and racism in Europe which can be found in full (in English) at http://www.varuh-rs.si/cgi/teksti-slo.cgi/Show?_id=otrociresol

The young parliamentarians debated the resolution at the National Assembly of the Republic of Slovenia.


SUCCESSFUL CONCLUSION TO MEETING OF EUROPEAN OMBUDSMAN IN LITHUANIA

At the invitation of his Lithuanian counterpart Leonarda Kuodiene and Commissioner for Human Rights Alvaro Gil-Robles, Human Rights Ombudsman Matjaž Hanžek took part in a meeting of all European ombudsmen on 5 and 6 April.

Over the course of the two days the ombudsmen devoted some attention to the question of discrimination against Roma in the light of the right to education and talked about the work of ombudsmen in crisis situations and the role of the ombudsman in the work of the administration.


THE EXPERIENCE OF AUSCHWITZ AS AN INSPIRATION FOR THE PROTECTION OF HUMAN RIGHTS

From 22 to 24 May, as part of the 6th Conference of the International Ombudsman Institute (EOI), Human Rights Ombudsman Matjaž Hanžek met his counterparts from other countries.

Given the various crisis flashpoints around the world at present, the ombudsmen also discussed work in crisis situations and devoted special attention to the issue of the protection of the rights of refugees in the light of international legislation.

Following a visit to the Auschwitz-Birkenau concentration camp the Polish ombudsmen addressed his colleagues on the experience of Auschwitz as an inspiration for human rights, while Dr Władysław Stróżewski, the spokesman of the Centre for Dialogue and Prayer at Auschwitz, talked about philosophy used as a tool against the human being.


At the general assembly the members of the EOI reviewed the institute's work to date and elected new board members.
 

STATISTICAL DATA ON THE PROCESSING OF PETITIONS TO THE HUMAN RIGHTS OMBUDSMAN IN THE PERIOD 1 JANUARY 2001 TO 31 DECEMBER 2001

Between 1 January 2001 and 31 December 2001 a total of 3304 cases were opened (3059 in the same period in 2000).

As in previous years most cases were opened in the following areas:

  • judicial and police procedures (941, or 28.4 per cent of all petitions received),
  • other matters (543, or 16.4 per cent of all petitions received)
  • administrative matters (523 or 15.8 per cent of all petitions received).


Table 1: Number of cases opened in 2000 and 2001

AREA OF WORK

Number of cases opened

Index

(01/00)

in 2000

in 2001

1. Constitutional rights

35

86

245.7

2. Restrictions of personal freedom

166

190

114.5

3. Social security

432

472

109.3

4. Labour law matters

157

202

128.7

5. Administrative matters

534

523

97.9

6. Judicial and police procedures

990

941

95.1

7. Environment and planning

84

130

154.8

8. Commercial public services

37

67

181.1

9. Housing matters

116

150

129.3

10. Other matters

508

543

106.9

TOTAL

3059

3304 108.0



Table 2: Number of open and closed cases in the period 1 January 2001 to 31 December 2001

AREA OF WORK

State of processing of petitions received in 2001

Percentage of cases closed in 2001

  Petitions received

Cases closed

1. Constitutional rights

86

63

73.3

2. Restrictions of personal freedom

190

180

94.7

3. Social security

472

419

88.8

4. Labour law matters

202

181

89.6

5. Administrative matters

523

377

72.1

6. Judicial and police procedures

941

825

87.7

7. Environment and planning

130

111

85.4

8. Commercial public services

67

57

85.1

9. Housing matters

150

136

90.7

10. Other matters

543

483

89.0

TOTAL

3304

2832

85.7

Newsletter No. 27

Varuh človekovih pravic

SLOVENIA

THE PRESIDENT VISITS THE OMBUDSMAN

President of Slovenia Milan Kučan visited the Ombudsman's Office at the invitation of Human Rights Ombudsman Matjaž Hanžek. In their meeting they focused on systemic issues which are an indication of the actual functioning of the state. President Kučan emphasised the fact that after seven years the institution of ombudsman has firmly anchored itself in the consciousness of citizens and gave a positive endorsement of its work.

The president and the ombudsman drew attention to the fact that greater responsibility must be guaranteed on the part of state bodies for the respecting of legality and that efforts for their more rational organisation need to be supported.

The ombudsman drew attention to the excessive ease with which certain laws are adopted, for whose implementation material resources are not subsequently provided and implementing regulations not issued. President Kučan agreed with the ombudsman that as well as the legal aspect of the regulation of the country it is necessary to take into account the social integration of society, since under the constitution Slovenia is a social state based on the rule of law. He supported the ombudsman's intention to draw attention, in his report to the National Assembly, not only to legal aspects but also to broader ethical and moral aspects.

Human Rights Ombudsman Matjaž Hanžek observed that in Slovenia the failure to provide conditions for the exercising of rights is a more common problem than the direct violation of rights. Citizens need to be encouraged to take a more active approach to the exercising of their rights.

The ombudsman drew attention to the problems of latent discrimination and the absence of sufficient willpower to do away with this. He added that as well as tolerance of difference, active knowledge and understanding of difference is required. The ombudsman also drew attention to the lack of regulation of complaints procedures in various areas and the necessity of regulating the work of government offices so that by taking an active approach they could obviate the need for ombudsmen for special areas.


THE OMBUDSMAN MEETS THE SPECIAL INVESTIGATOR OF THE INTERNATIONAL FEDERATION OF JOURNALISTS INTO THE PETEK CASE

Human Rights Ombudsman Matjaž Hanžek met the special investigator of the International Federation of Journalists Alexander Sami who has been authorised to prepare a special report on the attack on Miro Petek, a reporter for Slovene newspaper Večer, which took place in February 2001.

The two parties agreed that the attack on the reporter constitutes a violation of the right to information and a restriction of freedom of expression. The Ombudsman acquainted the special investigator with the activities which the Ombudsman's office has carried out in order to shed more light on the case, and with the results of investigations.

After several international journalists’ groups protested at the snail’s pace of the police investigation into the Petek affair, and the allegations that the investigation was being hampered by dealings between local businessmen and the police, the IFJ announced late last December that it would launch its own investigation. Sami met with the various parties involved in the case, including representatives of the government, the police and the media. The report was presented in Brussels on Friday 14 June.

The IFJ (International Federation of Journalists) sent a letter to the President of Slovenia Milan Kučan, the President of the European Commission Romano Prodi, the EU Enlargement Commissioner GĂĽnter Verheugen and the current European Council President Jose MarĂ­a Aznar informing them of the report and calling on them to do everything in their power to ensure the conclusion of the Petek case.


RESEARCH INTO THE PROTECTION OF HUMAN RIGHTS AND THE POLICE PRESENTED TO THE HUMAN RIGHTS OMBUDSMAN

Representatives of the police presented the research project The Protection of Human Rights and the Police to the Human Rights Ombudsman.

General Director of the Slovene Police Marko Pogorevc used the opportunity to state that with this research the police hope to contribute to increasing the transparency of their work. The results of the survey carried out at the end of last year among police officers from all police directorates in Slovenia will be used as a basis in the formulation of the guidelines for the further work of the police in Slovenia. Pogorevc added that emphasis will be placed not only on greater supervision of the work of police officers but also on education and training at all levels, and that the considerable help already offered by the Human Rights Ombudsman will continue to be welcome.

The ombudsman welcomed the efforts of the police to raise the level of respect for human rights within their ranks. In his opinion the research into selected borderline hypothetical cases in which the police officer can most easily find himself in doubt gives a clear picture of the level of human rights awareness and the respecting of human rights among police officers.

The ombudsman has on several occasions proposed changes to legal regulations and the formulation of concrete instructions covering the work of police officers. These suggestions are confirmed by the research, and on its basis certain statutory or implementational changes will be made. Normative consistency is essential for the greater efficiency of police officers in their work and in preserving confidence in the police. Also vital is consistent punishment of violators from the ranks of the police, added the ombudsman, as he responded to the invitation of the general director to take part in the education of police management employees.

The ombudsman and the general director of the police agreed that raising police officers' consciousness of human rights and the respecting of the same is a process which both institutions will continue to strive towards in the future.


THE OMBUDSMAN VISITS THE CENTRE FOR REFUGEES

At the invitation of the Refugee Committee of the accommodation centre in Vič, Human Rights Ombudsman Matjaž Hanžek viewed conditions in the centre and used the opportunity to meet representatives of the UN High Commission for Refugees, Amnesty International, the 'Pregnanci' ('Exiles') programme of the KUD France Prešeren and the 'Politični laboratorij' association.

The Ombudsman listened to the views and positions of those present on the problem of regulating the status of persons granted temporary asylum and on their eviction by the end of June because of the planned building of a new asylum centre. He expressed his understanding of the distress suffered by people in the centre who during their ten-year wait to have their status regulated have already integrated completely. The state must provide a systemic regulation of conditions. The cases of refugees in the centre must be dealt with individually and separate solutions must be found for every family, added the Ombudsman, going on to express the need for promises on the regulation of conditions to be realised in law. He also invited the representatives of the Refugee Committee to take part in tolerant dialogue and a constructive search for solutions.


THE OMBUDSMAN RECEIVED YOUNG EUROPEAN PARLIAMENTARIANS

In April Human Rights Ombudsman Matjaž Hanžek received 18 students taking part in the Model European Parliament project. The aim of the project, which this year included a total of 178 students, is to familiarise secondary school students with the workings of the European Parliament. Once a year, and in a different country every year, the selected students simulate a session of the parliament and all its committees. The project has been running for several years but this year was the first time that it has been held in a country which is not yet a member of the European Union.

The Ombudsman greeted the young guests, who were debating the problem of xenophobia through a simulation of the European Committee on Legal Affairs and the Internal Market. He took the opportunity to remind them that 8 April is the International Day of Roma and outlined the issues relating to Roma in Slovenia. He presented them with the conclusions of the recent international conference in Lithuania where the European ombudsmen talked among other things about discrimination against Roma in the light of the right to education, and outlined concrete cases of xenophobia in Slovenia which he has encountered in the course of his work.

After concluding their work the young parliamentarians adopted a resolution on the issue of the fight against xenophobia and racism in Europe which can be found in full (in English) at http://www.varuh-rs.si/cgi/teksti-slo.cgi/Show?_id=otrociresol

The young parliamentarians debated the resolution at the National Assembly of the Republic of Slovenia.


SUCCESSFUL CONCLUSION TO MEETING OF EUROPEAN OMBUDSMAN IN LITHUANIA

At the invitation of his Lithuanian counterpart Leonarda Kuodiene and Commissioner for Human Rights Alvaro Gil-Robles, Human Rights Ombudsman Matjaž Hanžek took part in a meeting of all European ombudsmen on 5 and 6 April.

Over the course of the two days the ombudsmen devoted some attention to the question of discrimination against Roma in the light of the right to education and talked about the work of ombudsmen in crisis situations and the role of the ombudsman in the work of the administration.


THE EXPERIENCE OF AUSCHWITZ AS AN INSPIRATION FOR THE PROTECTION OF HUMAN RIGHTS

From 22 to 24 May, as part of the 6th Conference of the International Ombudsman Institute (EOI), Human Rights Ombudsman Matjaž Hanžek met his counterparts from other countries.

Given the various crisis flashpoints around the world at present, the ombudsmen also discussed work in crisis situations and devoted special attention to the issue of the protection of the rights of refugees in the light of international legislation.

Following a visit to the Auschwitz-Birkenau concentration camp the Polish ombudsmen addressed his colleagues on the experience of Auschwitz as an inspiration for human rights, while Dr W³adys³aw Stró¿ewski, the spokesman of the Centre for Dialogue and Prayer at Auschwitz, talked about philosophy used as a tool against the human being.


At the general assembly the members of the EOI reviewed the institute's work to date and elected new board members.
 

STATISTICAL DATA ON THE PROCESSING OF PETITIONS TO THE HUMAN RIGHTS OMBUDSMAN IN THE PERIOD 1 JANUARY 2001 TO 31 DECEMBER 2001

Between 1 January 2001 and 31 December 2001 a total of 3304 cases were opened (3059 in the same period in 2000).

As in previous years most cases were opened in the following areas:

  • judicial and police procedures (941, or 28.4 per cent of all petitions received),
  • other matters (543, or 16.4 per cent of all petitions received)
  • administrative matters (523 or 15.8 per cent of all petitions received).


Table 1: Number of cases opened in 2000 and 2001

AREA OF WORK

Number of cases opened

Index

(01/00)

in 2000

in 2001

1. Constitutional rights

35

86

245.7

2. Restrictions of personal freedom

166

190

114.5

3. Social security

432

472

109.3

4. Labour law matters

157

202

128.7

5. Administrative matters

534

523

97.9

6. Judicial and police procedures

990

941

95.1

7. Environment and planning

84

130

154.8

8. Commercial public services

37

67

181.1

9. Housing matters

116

150

129.3

10. Other matters

508

543

106.9

TOTAL

3059

3304108.0



Table 2: Number of open and closed cases in the period 1 January 2001 to 31 December 2001

AREA OF WORK

State of processing of petitions received in 2001

Percentage of cases closed in 2001

 Petitions received

Cases closed

1. Constitutional rights

86

63

73.3

2. Restrictions of personal freedom

190

180

94.7

3. Social security

472

419

88.8

4. Labour law matters

202

181

89.6

5. Administrative matters

523

377

72.1

6. Judicial and police procedures

941

825

87.7

7. Environment and planning

130

111

85.4

8. Commercial public services

67

57

85.1

9. Housing matters

150

136

90.7

10. Other matters

543

483

89.0

TOTAL

3304

2832

85.7