Principles, but was designated as an NPM under the Protocol. 31 One point made was
that Paris Principles criteria were not a perfect match for those of OPCAT, as the
former are broader in scope and designed for a less specialized purpose, so this was
not necessarily an issue in evaluating an NPM. More generally, the point was also
made that the process of the creation and ongoing operation of an NPM should be
seen as an evolving one.
A recurring theme at the meeting was that the NPM is an evolving institution and it
was obvious that certain approaches were already being adjusted. The recognition of
the need to include NGOs in the NPM process was one example. It was also
acknowledged that a period during which NPMs will gain the necessary experience
should be expected on their way to becoming effective visiting bodies.
It was generally recognized that the existence of a long-term field presence by
international organizations, such as the ICRC or OSCE, was an important factor with
regard to support for the establishment and effective ongoing operation of NPMs.
Representatives from a number of countries, including Armenia, Moldova, Ukraine
and Azerbaijan, emphasized the value of support from OSCE field operations in this
regard.
4.4.2 The Estonian NPM Experience
A comprehensive and practical overview of the work of a newly designated NPM was
provided by a representative of the office of the Estonian Chancellor of Justice in the
context of a discussion of how NPMs can carry out the preventive aspect of their
mandate. As the institution designated under the Protocol, the office of Chancellor of
Justice has had a mandate to inspect places of deprivation of liberty in Estonia for
several years, although it only began visiting as an NPM in 2008. The representative
of the Chancellor’s office stressed that carrying out visits, per se, will not ensure the
effective prevention of torture. Prevention should also address possible future
breaches, thereby minimizing the risk that shortcomings in the system will lead to
torture or ill-treatment. The Chancellor’s office enumerated a number of factors
assisting in prevention, including transparency of visits, raising public awareness,
publishing reports, the follow up of recommendations, and identifying gaps in law and
practice and introducing changes to legislation.
The representative from the office of the Estonian Chancellor of Justice attempted to
define the concept of an effective visit, stressing that preparatory work, such as
identifying questions to be asked and having knowledge of the institution, was
essential. It was important to visit both individuals who had specifically requested an
interview and those who had not. Discussions with lower level officials were as
important as meetings with detention centre managers, and should be carried out with
the managers not present, preferably in an informal setting. The representative noted
that obtaining information in military detention centres could be particularly
challenging. The Chancellor’s office sought further input from the UN Subcommittee
for the Prevention of Torture regarding NPM activity and visits – particularly what is
31
A report on this issue by the OPCAT Project at Bristol University can be found on the University of
Bristol website, <http://bristol.ac.uk/law/research/centres-themes/opcat/>.
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