COMMITTEE AGAINST TORTURE
1-19 May 2000
OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION
Conclusions and Recommendations of the Committee against Torture
189. The Committee considered the initial report of Slovenia (CAT/C/24/Add.5)
at its 428th, 431st and 435th meetings, on 12, 15 and 17 May 2000 (CAT/C/SR.428,
431 and 435), and adopted the following conclusions and recommendations.
190. The Committee welcomes the initial report of the Republic of Slovenia,
which, although overdue since 1994, was prepared in accordance with
the general guidelines of the Committee.
191. The Committee welcomes the initiation of a constructive dialogue
with the State party and thanks the delegation for the additional oral
2. Positive aspects
192. The Committee notes that, when ratifying the Convention on 15 April
1993, the State party did not make a reservation under article 20 and
made the declarations under articles 21 and 22 of the Convention.
193. The Committee expresses its appreciation of the fact that the preparation
of the initial report of the State party was done with the assistance
of a specialized non-governmental institution.
194. The Committee notes as positive that the Constitution of the State
party provides a broad range of norms protecting human rights and fundamental
freedoms, including the prohibition of torture.
195. The Committee notes with satisfaction that it has received no information
about alleged perpetration of torture, as defined in article 1 of the
Convention, in the State party.
196. The Committee welcomes the establishment of the special institution
of the Ombudsman for the protection of human rights and notes with interest
its effective and responsible work.
197. The Committee notes with satisfaction that legislative provisions
guarantee the exclusion of evidence from the record in cases where it
was obtained in violation of human rights and basic freedoms.
198. The Committee welcomes the amendment to the Criminal Procedure
Act which provides for the provision of mandatory legal assistance to
the suspect throughout the period of detention. The Committee further
notes as positive the introduction of a number of alternative measures
to detention during the preliminary investigation.
199. The Committee welcomes the adoption of the Code of Police Practice.
200. The Committee notes as positive the adoption of rules for the construction,
renovation and maintenance of the police detention quarters.
201. The Committee welcomes the establishment of the Bureau for Management
and Supervision of the Police, and the Unit for Complaint Investigations
in the General Police Directorate.
3. Factors and difficulties impeding the application of the provisions
of the Convention
202. After gaining independence in 1991, the State party underwent a
profound social, economic and political transition, successfully building
a democratic State, which demanded great efforts and which may explain
the late submission of the initial report.
4. Subjects of concern
203. The Committee notes the information provided in the report that
in order to allow for the sanctioning of crimes of torture, special
transfer into Slovenia's positive criminal law of the definition of
torture contained in article 1 of the Convention is needed. The Committee
further notes that the new Law on the Enforcement of Criminal Sanctions,
introducing a new definition of torture, came into force on 23 March
2000. However, the Committee is concerned that such a definition has
not been introduced into a criminal code and that substantive criminal
law does not yet contain a specific corpus delicti torture and
therefore is not an instrument for the direct incrimination and appropriate
punishment of persons guilty of torture.
204. The Committee expresses its concern with regard to allegations
about instances of police ill-treatment of and excessive use of force
against members of the Roma population, which has reportedly resulted
in severe injuries in some instances.
205. Concern is also expressed regarding allegations about the excessive
use of force by the police in connection with arrests.
206. The Committee notes that the Aliens Act as a general rule precludes
the expulsion of an alien to a country where he or she would be in danger
of being subjected to torture. However, the Committee expresses its
concern that article 51, paragraph 2, of the Act, which allows for the
derogation from the general rule in cases where a person constitutes
a threat to public security, does not respect the State party's obligations
under article 3 of the Convention.
207. The Committee is concerned about the sub-standard conditions in
which asylum-seekers are housed in the State party.
208. Although the Committee welcomes the incorporation of a definition
of torture, in accordance with article 1 of the Convention, in domestic
law relating to the enforcement of criminal sanctions, the Committee
recommends that the State party incorporate the definition also in substantive
209. The Committee recommends that the State party take the necessary
steps to prevent the misuse of force by the police against members of
the Roma population and other minorities, particularly, in connection
with arrests and detention.
210. The Committee recommends that the State party consider amending
the legislation which permits the expulsion of an alien to a country
where he or she would be in danger of being tortured, i.e. expulsion
justified by the individual being a threat to public security, so that
it meets the conditions required by article 3 of the Convention.
211. As a matter of priority, the Committee urges the State party to
take all necessary measures to ensure that asylum-seekers are housed
in conditions that comply with the requirements of article 16 of the
212. The State party is invited to submit its second periodic report
by 14 August 2001.