npm: framework of technical modalities and criteria kiev, october 2011 © apt
TRANSCRIPT
NPM: Framework of technical modalities and
criteria
Kiev, October 2011
© APT
OPCAT Obligation
“Each State Party shall maintain, designate or establish.......one or several independent national preventive mechanisms for the prevention of torture at the domestic level.”
Article 17 of the OPCAT
Criteria for an effective NPM
1. Independence: Structural, functional, personal, financial2. Mandate: Regular visits to places of detention,reports and recommendations, comments on legislation3. Powers and guarantees: Access to places, persons, information;
Additional criteria for an effective NPM
• Structure tailored to the national context
• Designated by an open, public and transparent process
Technical modalities for an effective NPM
What are the tangible products of the NPM?Activities
What is the methodology used for the different aspects of its work?
Working methods
Relations with other actors: with whom? What type of relations?
External actors
What are the resources of the NPM?Resources
Internal organisation Internal organisation
How is the NPM organised?
Activities
• Visits to places where persons are deprived of their liberty
• Visit reports and recommendations• Comments on draft or existing
legislation• Annual report
Working methods
• Preventive approach• Methodology of visits (announced
vs unannounced; length; interviews in private;)
• Selection of places• Composition of the visiting team• Scope of analysis• Strategy for a cooperative dialogue
Relations with other actorsWith whom and what type of relations?• Authorities• Parliament• Judiciary• Other visiting bodies• Civil society• Media• SPT and other international/regional
bodies
Resources
• Human: Members, staff, experts. Independence and multidisciplinarity• Financial: adequate resources; approval
procedures• Logistical
Internal organisation
• Structure• Roles and responsibilities• Internal rules• Transparency of the institution
NPM Analytical Framework
Activities
Working Methods
Internal Organisation
Resources
Relations with Other Actors NPM
IMPACT
