Ensuring the effective implementation of the recommendations of the preventive bodies Nele Parrest Deputy of the Chancellor of Justice of Estonia

The Chancellor of Justice of Estonia (NPM from Feb 2007) NPMOmbudsmanConstitutional review (soft) (soft)(strong)

“Implementation gaps”: knowledge, capacity, commitment and security (UN High Commissioner on HR, Action Plan 2005). Starting-point: Officials working in closed institutions are generally not bad. Principle of co-operation should be put into practice, NPM as an adviser: “Do it!” “Please be kind and do it as it is necessary because of this or that reason.”

Contact (written and oral) with closed institutions should start with explanation of the role of NPM and building positive atmosphere. Be the master of the visit but keep this knowledge mainly to yourself. Written communication: -wording! E.g. efforts made by the staff are acknowledged, “but there is room for improvement and that is why we make the following recommendations …”; -wording (especially recommendations) should always be clear in language in order the official to understand what he/she should. See also: APT Briefing No 1 "Making Effective Recommendations“; -recommendation should always be reasoned. If it is possible the benefit the institution gets from fulfilling it is always good to bring out.

Recommendations made by NPM must be realizable: there must be reasonable alternative effective way of doing things. "If you are not able to study the whole lesson, do half of it. But do it well!" Avoiding “learnt helplessness”: divide shortcomings into two categories – those requiring large-scale investment for improvement (e.g. constructing new building) and those which can be improved relatively easily, including in a short-term perspective. Recommendations must be directed to right institutions, using round-tables.

Ultima ratio means: -making the problem public – using the help on media and its pressure; -turning to the parliament in order the minister bare his/her responsibility; -using international help.

Creative thinking to all of us for choosing the “right buttons”! Thank you for your attention!