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NPM: Framework of technical modalities and criteria Kiev, October 2011 © APT
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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
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Criteria for an effective NPM 1.Independence: Structural, functional, personal, financial 2. Mandate: Regular visits to places of detention, reports and recommendations, comments on legislation 3. Powers and guarantees: Access to places, persons, information;
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Additional criteria for an effective NPM Structure tailored to the national context Designated by an open, public and transparent process
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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?
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Activities Visits to places where persons are deprived of their liberty Visit reports and recommendations Comments on draft or existing legislation Annual report
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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
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Relations with other actors With whom and what type of relations? Authorities Parliament Judiciary Other visiting bodies Civil society Media SPT and other international/regional bodies
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Resources Human: Members, staff, experts. Independence and multidisciplinarity Financial: adequate resources; approval procedures Logistical
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Internal organisation Structure Roles and responsibilities Internal rules Transparency of the institution
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NPM Analytical Framework Activities Working Methods Internal Organisation Resources Relations with Other Actors NPM IMPACTIMPACT
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Thank you Questions or comments? Barbara Bernath bbernath@apt.ch
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