ICRC, the Association for the Prevention of Torture, Penal Reform International,
Amnesty International, the Mental Disability Advocacy Centre and the Office of the
UN High Commissioner for Human Rights.
In May 2009, the OSCE Mission to Montenegro, along with ODIHR and national
institutions, organized a regional conference on OPCAT implementation in SouthEastern Europe. This conference complemented the Prague event. The conference
provided a useful platform for communication, as many practitioners who work on
similar topics in their home countries met for the first time. The Ombudsman Office
in Montenegro declared its intention to take up the recommendations generated at the
gathering, especially vis-à-vis the required independence of the NPM and the
obligation to visit all places of detention regardless of which ministry exercises
supervision.
Both meetings focused on the process in several countries of establishing NPMs, the
effectiveness and appropriateness of the bodies chosen, and the implementation of the
mandate to prevent torture under the Protocol. The meetings aimed to provoke open
discussion of the Protocol as an effective tool for torture prevention by considering
the practical issues regarding implementation and, in particular, those surrounding the
creation or designation of NPMs. The Optional Protocol is being implemented
simultaneously in different political contexts, and this event provided a unique
opportunity for comparison and the sharing of experience between different countries
in the OSCE region.
4.4 Implementation of OPCAT in the OSCE area: national
perspectives
This section will outline the main themes that emerged from the meetings mentioned
above and provide some examples from individual countries. 28 Comments have not
been attributed to any specific individuals unless their prior consent has been
obtained. 29
4.4.1 Ombudsman offices and NGOs as NPMs
A majority of the countries participating in the meetings had designated Ombudsman
offices as part of the NPM. In some countries this selection was made with the initial
involvement of NGOs, whereas in others the selection was made by the Parliament or
Government without such consultation. In the latter cases NGOs had not generally
been included in the NPM.
It appears, however, that sustained lobbying by civil society led many countries to
move towards the inclusion of NGOs either in the process of selecting an NPM or in
the NPM itself. In a number of cases Ombudsman institutions themselves had
initiated the contact with and involvement of NGOs in the NPM, even where
28
A comprehensive report of the meeting, “OPACT in the OSCE region: What it means and how to
make it work”, is available on the University of Bristol website at
<http://www.bris.ac.uk/law/research/centresthemes/opcat/opcatdocs/prague2008/proceedingspraguenovember2008.pdf>/
29
The meeting was held under the Chatham House Rule.
36
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents