Slovenia has one of the lowest incarceration rates in the world but the country's prisons have long been overcrowded and understaffed with the latest report by the Council of Europe saying the situation keeps getting worse.

Compared to 2017, there "has been a sharp increase in the number of prisoners, while the capacity of the prison estate has remained largely unchanged.

"For instance, in Ljubljana prison, the living space provided per person clearly fell short of the minimum standard of 4m2 per prisoner," says the report by the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment released on 6 May.

The report is based on an October 2024 visit to the prisons in Koper and Ljubljana, and the Lukavci Special Social Welfare Establishment.

Incarceration rate low, occupancy high

The latest data by Eurostat, the EU's statistics office, shows Slovenia was among the EU countries with the lowest share of prisoners per capita in 2023.

With 68 prisoners per 100,000 inhabitants, it ranks third behind Finland and the Netherlands.

However, it ranked ninth in prison occupancy with a 106.9% occupancy rate.

A new prison is currently under construction in Dobrunje, on the outskirts of Ljubljana. The last major prison expansion came in 2011, when an extension of the country's largest prison in Dob was completed.

With space for 388 inmates, it is expected to somewhat alleviate overcrowding, which is worst in the existing prison in the capital.

Migrant smuggling biggest driver of incarceration

The prison population however keeps rising with some experts saying the new prison will provide only a temporary reprieve.

The increase in the prison population is driven largely by legislative changes passed by the previous, centre-right government in 2020 which doubled the prison sentence for migrant smuggling.

The move was supposed to deter smuggling, but it has instead lead to migrant smugglers clogging up the justice system and prisons.

The Council of Europe report says that "more than half of the persons held in the Slovenian prison system at the time of the 2024 visit were foreign nationals, 80% of whom were incarcerated in connection with the smuggling of migrants."

Understaffing a major problem as well

Overcrowding was exacerbated by another major challenge - understaffing. "At the time of the visit, 10% of prison officers posts were vacant," the report says.

Prison officers have spent years protesting against poor pay and work conditions

Listing potential measures to alleviate the problems, the report highlighted the possibility or re-hiring retired prison officers, more competitive salaries and benefits for prison officers, and a reconsideration of the penalties for migrants smuggling. Some of these measures have already been taken.

"The CPT takes due note of the measures taken and the determination of the Slovenian authorities to tackle prison overcrowding and recommends that the Slovenian authorities vigorously pursue their efforts to manage the prison population."

Authorities satisfied with report

Justice Minister Andreja Katič described the report as a confirmation of the professional work and cooperation among staff in Slovenian prisons.

"We are happy the delegation received no complaints about poor treatment by the staff. On the contrary, they heard a number of positive statements from inmates."

The ministry is aware of the challenges stemming from overcrowding and understaffing, Katič said, adding that a number of measures had been adopted and more are to come.

A key step will come in the form of the new prison in Dobrunje, additional staff, and better work conditions, said the minister.