Protection of Prisoners’ Rights: Effectiveness of Legal Remedies in the Slovenian Prison System
Purpose:
The article examines the legal remedies available to individuals incarcerated in Slovenia, analyses their effectiveness, and offers some guidelines for their improvement, as well as ideas for further research.
Design/Methods/Approach:
The study employs an analysis of the case law of the European Court of Human Rights regarding the “requirements of an effective remedy”, as outlined in the right to an effective domestic remedy under Article 13 of the European Convention on Human Rights (hereinafter Convention) (“Konvencija”, 1994), and an examination of Slovenian legislation to evaluate the effectiveness of legal remedies available to prisoners incarcerated in Slovenia.
Findings:
Slovenian legislation provides several legal remedies for protecting the rights of prisoners; however, none fully meet the requirements set by the Convention. Despite amendments to the Enforcement of Criminal Sanctions Act (“Zakon o izvrševanju kazenskih sankcij ZIKS-1”, 2000) in force since in August 2015, which reformed the mechanism of “Exercise and protection of convicted persons rights” under Article 83 of “ZIKS-1” (2000), deficiencies persist. This mechanism allows prisoners who believe they are being subjected to “torture or other forms of cruel, inhuman, forbidden or degrading treatment” to file a request for judicial protection with the competent district court.
While this mechanism is currently the closest approximation of an effective remedy, its narrow scope makes it insufficient. It is aimed to remedy only the most severe violations, rather than ensuring comprehensive protection of all Convention rights. This does not fulfil Slovenia’s commitment, made upon signing the Convention, to provide an effective domestic remedy in line with Article 13, that enables prisoners to have their claims adjudicated and alleged violations of all Convention rights redressed (“Konvencija”, 1994).
Originality/Significance:
This article represents the first attempt to analyse Slovenian legislation concerning legal remedies available to prisoners since the adoption of amendment “ZIKS-1F” (2015) and the new Rules on the implementation of prison sentences (“PIKZ”, 2016, 2019). It provides insight into current shortcomings and guidelines for their improvement.
UDC: 341.231.14:343.261-052(497.4)
Keywords: human rights, legal remedies, effectiveness of legal remedies, violations, European Court of Human Rights