1. On 7 May 2001 the Human Rights Ombudsman paid an unannounced visit to the Alien Detention Centre in Veliki Otok at Postojna, the location of a High Security Alien Detention Centre under Police Supervision (OSPN) and a branch of the Centre for the Deportation of Aliens (COT) at the Ministry of Internal Affairs (Police).
The OSPN building complex is situated on the fringes of the village Veliki Otok at Postojna. Formerly an army laundry, the now refurbished building is located in the grounds of the barracks , which were used by the former Yugoslav Army. In close proximity to the complex lie disused army industrial workshops and structures, which have fallen into disrepair. The OSPN occupies only a part of a larger building that has so far not been designated any long-term purpose. Access to the OSPN is by gravel road with no designated parking facilities. The area surrounding the building is untidy as well. The function of the building is not specified - there is no sign at the entrance to indicate the purpose of the building.
2. At the time of our arrival there were 75 aliens at the OSPN. Six of them were in the process of being transferred to COT in Ljubljana, which brought the total number of aliens at the time of the visit to 69, all of whom were subject to a high level of police supervision in accordance with the Aliens Act, Article 57, Paragraph 1. Based on the statements of the people we talked to, the capacity of the OSPN is 150 to 160 people. It was explained to us that some aliens spent up to three months or more at the OSPN, while others remained for only a short time: five to ten days. At the time of our visit most of them were from Iraq (36) and China (15). There were also some Turks, citizens of Yugoslavia, Macedonia, Moldova and other countries. Even though we had been initially told that there were no females at the OSPN, we noticed at least two, both of them of Chinese nationality. In her own words, one of them had already been at the OSPN for six months.
3. At the time of our visit the OSPN was staffed as follows: several police officers (police officers work in three shifts), a social worker, a nurse (medical technician), a caretaker and a cleaner/housekeeper. We were told that the social worker was present at the OSPN in the morning (from about 8.00 am to 2.00 pm), along with a nurse, while another nurse was on duty at the OSPN in the afternoon as well. We were surprised to discover that not even one staff member that we talked to could tell us the full story of the lives of the people staying at the OSPN. The person in charge of the shift referred us to the social worker who in turn directed us to the nurse when asked certain questions, while the nurse told us to talk to the caretaker and the cleaner (housekeeper). The latter, who explained the system of taking showers in the shower room was dressed in her civilian clothes and high heel pumps, and did not convey the impression of being on duty at that particular moment. In our opinion the staff's references to the Inspector for Aliens (who occasionally visits from Ljubljana) and the COT management in Ljubljana were altogether too frequent. We should not overlook the fact that the aliens are being dealt with by the OSPN staff who should reasonably be expected to be fully aware of the organisation and work of the OSPN.
At best, the OSPN staff numbers are modest. For security reasons alone one wonders if the number of police officers present per shift is sufficient for the protection of the complex and to ensure the safety of each and every individual staying at the OSPN. The social worker, who sees to the residents' accommodation, talks to them and performs the induction process (explains the house rules) and also does the shopping. The residents (who have money) may tell the social worker which items to purchase for them at the store (two to three times a week). We were told that the residents mostly bought cigarettes, fruit, food items and phone cards. It is hard to conceive how the social worker can possibly shop for the number of people held at the OSPN at the time of our visit, let alone when the facility is filled to capacity. However we can assume that she spends at least two days per week collecting orders, shopping and distributing purchased items, and settling accounts. The social worker explained that she did the shopping (as a rule in Postojna, a few kilometres away) using her private car. It comes to no surprise that, busy as she is, she hardly has any time left for her core activities and talking to the residents. The latter were more than disappointed at there being practically no chance to communicate with anybody who could explain to them the procedures that they were subject to, and what their options were, as all of them want their freedom i.e. to be out of the OSPN as soon as possible. The residents complained that our visit was their first opportunity to talk to anybody at all. Their reaction was also typical - they applauded at the close of our visit. Having talked to the residents we got the impression that most of them had no information about their legal position, the procedures that they were subject to or about anything else that they may be interested in. Evidently the iron door separating the accommodation part of the OSPN from the remainder of the complex presents an information and communication barrier as well.
4. There is no resident or visiting doctor at the OSPN. It is true that the medical examination of the residents is performed at COT in Ljubljana, however it is of concern that such a large group of people would mostly be left to the care of a nurse. It was our understanding that the nurse communicated with a doctor - a general practitioner, who worked for COT in Ljubljana; if required, the resident was taken to see a doctor (at the nurse's discretion, or at the resident's request) at the Postojna Medical Centre. The OSPN was not visited by any specialist doctors either, e.g. a psychiatrist or a dentist. Any such services were performed at the Postojna Medical Centre as well, we were informed. In practice the nurse 'examines' the patient and subsequently consults with somebody in relation to further treatment. The nurse assured us that a resident could and did see a doctor if he/she so requested and persisted in this request.
5. Meals for the residents (breakfast, lunch and dinner) are delivered from a restaurant in Postojna on a contract basis. There is no kitchen at the OSPN, only a room adjacent to the refectory that is used to serve the food. It is not possible to cook food or make a hot drink (e.g. tea) in the building. Even on the first floor, where the residents are lodged, there is no tearoom and no way to prepare food or hot drinks. The food supplied is the same for all, and the residents who, due to religious or other reasons, decline certain types of food (e.g. pork), simply do not eat them. While we were told that as a rule pork was not on the menu, the residents were sceptical of such assurances. During our visit there were no complaints voiced on account of the quality and quantity of food or the way in which it was served at the refectory (where 40 people can eat at any one time). We were told that it was not recommended to drink the tap water (that it was not fit to drink). The residents' daily ration is 50 litres of tea in a thermos container, delivered once a day. During our visit at about 3 pm the container was already empty, there was no more tea. The residents complained about this, saying that even though the tea was of poor quality and not sweet enough, it still ran out quickly. There should be a constant supply of the beverage; if the tea is in a container, there should also be a ladle. Plastic cups should also be supplied so the residents could pour and drink their tea. The OSPN staff assured us that there were two containers of tea, however a search failed to produce the second one during our visit. It would be appropriate for the tea container to be put on a table and located at a suitable spot instead of being (not very politely) 'deposited' on the floor in the corner next to the front door, which is made of iron.
6. Apart from the refectory and the room for serving food the ground floor also features a locker room and a shower room. The locker room (storage room) contains black plastic bags containing the clothing and other items that the residents are not allowed to keep with them. During our visit some of the bags were stored on shelves while others were 'strewn' across the floor. The people we talked to assured us that the residents had no trouble accessing their things i.e. bags in the locker room (storage room), if they so desired.
The shower room is approximately 60 m2 large and features 14 functional showerheads fitted to the ceiling. The housekeeper (cleaner) informed us that 17 residents took showers at a time. There is no privacy in the shower room, as there are no curtains or partition walls between the showers. Everybody takes a shower at the same time in the same room, the scene is reminiscent of a movie about life in a concentration camp. The water regulation (quantity and temperature) is at the discretion of the housekeeper. Given the 'nominal' capacity of 17 residents taking a shower at the same time, there are only seven clothes hooks on the wall, which is obviously not enough for all of them. On the sidewall of the shower room there are five basins with hot and cold tap fittings. However the actual tap handles have been removed, therefore there is no running water in the basins, which are consequently not functional. Why this was so, neither the social worker nor the nurse could explain. Showers are scheduled twice a week,however we were told that in practice showering can take place several times a week. This statement was not confirmed by the residents. Given the capacity of the hot water system, up to 70 people could take a shower in a single day. On the day of our visit the shower room was empty and dry. Obviously nobody had taken a shower that day.
The dispensary, while sparsely equipped, is the best maintained and the tidiest room in the building. The other rooms on the ground floor that are intended for the residents are in poor condition: plaster is peeling off the walls which are dirty and covered in graffiti, and cleanliness leaves much to be desired. We were told that cleanliness, or rather the lack thereof, is a problem mainly on weekends when the cleaner is off duty (she is on duty every weekday in the morning).
7. We were surprised at the claims of the staff that the OSPN maintained no house rules and no daily schedule. The only time there is orientation for the staff and the residents is at meal times. It is not clear why the COT house rules, issued by the Chief Commissioner of Police, do not also apply to the residents lodged at the Veliki Otok complex at Postojna. After all the organisation of housing for such a large group of people requires the application of certain house rules and a daily schedule as well as rules of conduct, thus creating the appropriate conditions for the resident residents and staff. During our visit we got the impression that it was not clear who was in charge at the OSPN, who made the decisions, who had the information about what was going on at the place and whose job it was to ensure that the foreign residents were residing in acceptable conditions and were well-looked after. Quite a few pieces of information that we had been given in the initial conversations later revealed themselves to be inaccurate (e.g. shower schedule, exercise schedule, changes of bed linen, supply of tea, supply of personal hygiene items - soap, toilet paper, cleaning agents).
8. The residents lodge in the rooms on the first floor that is separated from the other parts of the building by a heavy iron door. The residential part of the building gives the immediate impression of considerable neglect, lack of maintenance and filth. The rooms are stuffed with metal bunks, modestly provided with app. 10 cm thick foam underlays serving as mattresses, and blankets and bed linen. Despite assurances that the bed linen was changed every fortnight the residents complained that it did not get changed for up to three weeks. This complaint was also made about the towels. In the rooms there are no (wardrobe) closets, shelves or other items of furniture where the residents could store their personal effects and items of hygiene. There are no tables or chairs in any of the rooms or indeed on the entire floor. The sparse furnishings alone speak volumes about the dehumanising and degrading conditions which the residents are forced to live in. The claims of many that any prison would have better conditions than the OSPN come as no surprise. The entrances to the rooms have no doors; these have been taken away. None of the residents or staff present could explain the reason for this. It is not surprising that while inspecting the rooms we felt draughts and other unpleasant effects resulting from the fact that the doors to the individual rooms could not be closed since they were simply not there. Thus the privacy of the people, who spend an altogether too long time in overcrowded dormitories, has been limited even further.
We established that on the residential floor there was one room with locked doors, which was not in use. However in the other rooms there were up to 20 residents crowded together, men and women all in the same room. That is how we noticed two women, both Chinese, in the room occupied by Albanians and Chinese. The staff explained that these Chinese women stayed with their countrymen by their own choice. Given the nature of such 'consent' one nevertheless wonders about the choice of quarters they must have been given. Perhaps in the case of an individual group of nationals of mixed gender such a group could at least be provided with their own room with a door.
9. On the floor intended for the housing of the residents (i.e. up to 160 persons) there is a toilet with three urinals and two basins with hot and cold running water. The residents alerted us to the fact that on the day of our visit liquid soap was provided for the very first time. The other toilet has three cubicles with squat toilets. There are no separate toilets for men and women. In addition, three cubicles and three urinals are far below the requirements of the 69 people we counted at the time of our visit, let alone 160, which is the supposed capacity of the facility.
The OSPN assists the residents by providing personal hygiene items. However a single hotel-sized bar of soap and a packet of toilet paper per week surely cannot meet their needs in relation to personal hygiene.
10. The residents have no common living room or tearoom. While it is forbidden to prepare food and drink it would be impossible anyway as - with the exception of the metal bunks - there are no furnishings whatsoever in the rooms or on the entire floor. There is no TV and no radio. There are no newspapers, magazines or books to help the residents pass the time. They lounge about on their beds with nothing to do.
There are no social activities for the residents, either organised or available. We noticed no chess sets or the like. We heard there was a set of cards available, however this could not offset the overwhelming impression that the residents were condemned to inactivity and had no means of physical or mental relaxation. In poor living conditions they are inhumanly left to lounge about on their beds, to wait in uncertainty without any information about the procedures that they are subject to, while seemingly also being deprived of any real chance to talk to the OSPN staff. Despite assurances that the residents had the opportunity to speak to the Inspector, who was present at the OSPN during our visit, the residents told us that they had not been informed of his presence.
11. The monotony of the daily life of the residents is alleviated only by the optional use of the outdoor walking areas. For this purpose there is an atrium app. 20 x 20 metres in size, surrounded by the walls of the OSPN building. The atrium has a concreted outside path around the edge just over 1 m wide, while the remainder consists of a bit of turf and muddy soil - at least that is how it was at the time of our visit. In addition to walking and jogging the residents are also supposed to play soccer and badminton. In this context we were shown some broken badminton racquets. The walking areas have no roof whatsoever which makes it impossible for the residents to exercise in the rain or inclement weather. It is not surprising that the residents only ever take walks in 'good weather'. The residents confirmed that outdoor exercise is not available to them every day. They venture to the atrium for a breath of fresh air when so bidden by the staff.
Among the notices on the refectory wall we noticed the atrium exercise schedule. According to the notice the recreation time was between 9 and 11 am, however the staff informed us that this was not 'mandatory' and that the residents spent up to two and a half hours outdoors every day, which the latter did not confirm. The size of the atrium obviously does not allow for 160 people (the capacity of the OSPN facility) to take a walk at the same time, let alone engage in any ball games. Even with only 69 people on the premises it is more than likely that only about 45 people can fit into the atrium at any one time - the number given by the staff. However it is highly unlikely that so many individuals could exercise properly as there is simply not enough room. Since they are given the opportunity of venturing outdoors only once per day - in a single group - it is quite probable that not all residents at the OSPN get their turn on a daily basis. The residents also complained that the time they were allowed to spend outdoors was less than two hours.
12. The only residents' link to the outside world is by telephone. There is a card telephone installed in the corridor. The residents (if they have money) may ask the social worker to purchase the telephone cards for them at the store. The staff told us that certain phone calls (e.g. calls to the embassy) were allowed to be made from the OSPN business line. The residents get one hour per day to make their phone calls.
No visitors are allowed at the OSPN. The staff informed us that they would not have known how to deal with a visitor should one have appeared. In such a case the inspector would be called. The right of a resident to call his/her family and let them know of his/her whereabouts is not respected at the OSPN. It was explained to us that the residents could exercise that right at the COT in Ljubljana. We got no information about their correspondence options (sending and receiving of letters) and we are asking for clarification about what is provided and permitted by the OSPN in this respect.
13. There are no formal complaint procedures at the OSPN. Any complaints are addressed by the social worker. Should the residents 'request anything', the inspector is called in. The residents are not subject to any disciplinary measures or sanctions. It is hard to believe that at the OSPN no tensions, conflicts or circumstances arise that may prompt the staff to take action against the residents. Therefore it would be appropriate to introduce clearly defined procedures and sanctions for any infringement of house rules and rules of conduct, and that the residents be made aware of them. The statements that no disciplinary measures are ever taken, does not mean that such things (e.g. use of force) do not happen in practice. In fact the Human Rights Ombudsman is presently dealing with precisely such a complaint lodged by a foreigner who is no longer at the OSPN.
14. We were also surprised at the explanation given by the staff that the OSPN is not visited by lawyers, and only sporadically by the representatives of the United Nations High Commission for Refugees (UNHCR). It was our understanding that representatives of non-government organisations were not permitted entry to the OSPN and neither were they allowed to talk to the foreign residents.
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The established state of affairs at the Alien Detention Centre in Veliki Otok at Postojna raises grave concerns. It is essential to act swiftly and without delay in order to eliminate at least the major deficiencies and ensure proper regard for human pride and dignity to all the residents housed at the OSPN. The demeaning and sometimes inhuman conditions in which these people are forced to reside necessitate immediate action to bring about a significant improvement in the residential and living conditions or alternatively, the Alien Detention Centre in Veliki Otok at Postojna should be closed down. We propose that the capacity of the OSPN be brought in line with the regulations that apply to the capacity of correctional institutions (prisons) in Slovenia. According to the relevant standards for newly constructed facilities or augmentation of existing buildings, a minimum area of 7 m2 is granted to each inmate.
We ask for additional clarification as stated in this report. For the conditions to be raised to an acceptable level, the following measures are hereby proposed:
   * (adoption) and implementation of house rules;
   * appropriate organisation and management of the OSPN to be established, so the management has access to all the information about the life and work at the OSPN;
   * assessment of staff levels at the OSPN to determine their adequacy;
   * records of housed aliens to be kept by gender as well;
   * provide the residents with the access to information about their legal position and
     the legal procedures that they are subject to;
   * familiarise the residents with their rights and duties, house rules and rules of conduct at the OSPN; also determine infringements, disciplinary procedures and sanctions, and inform the residents of their options to lodge a complaint or to appeal - internally or externally;
   * ensure the presence of the social services to ensure and adequate level of communication with the residents with the aim of resolving their difficulties, problems and of relieving feelings of distress;
   * inform the residents about the possibilities of approaching a defence counsel (lawyer), representatives of UNHCR and non-governmental organisations;
   * ensure at least occasional visits on the part of a general medical practitioner and a psychiatrist at the OSPN;
   * provide for improved maintenance of the building and a higher level of cleanliness - also on weekends;
   * determine the capacity of each room in relation to the maximum admissible number of residents and enforce the standards thus established;
   * ensure that bed linen and towels are changed at least on a fortnightly basis;
   * provide a common living room, access to television, radio, newspapers, magazines and books in foreign languages spoken or understood by the residents;
   * provide more privacy in the showers; taps to be fitted to the basins in the shower room;
   * all the bedrooms to be fitted with doors immediately;
   * additional furniture (chairs, tables, wardrobe closets) to be placed in the bedrooms;
   * provide the residents with a continual access to drinking water or an alternative beverage as appropriate (e.g. tea);
   * provide for the tea to be served using a ladle and plastic cups, at a suitable location;
   * separate the toilets for men and women in the residential part of the OSPN;
   * increase the capacity of the sanitary facilities in the residential part of the OSPN (toilets, washroom and showers);
   * provide the residents with personal hygiene items (soap, toilet paper) in adequate quantities;
   * organise appropriate activities for physical and mental relaxation of the residents;
   * enable each resident to spend a minimum of two hours in the fresh air on a daily basis;
   * arrange for an extended roof to be erected above part of the exercise atrium;
   * inform the residents of the visiting regulations and correspondence rules.
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