Part II Preventing torture: NHRIs in action | Section IV Cross-cutting actions
3.2.4. Annual report
NPMs are required to publish an annual report of their activities. This should preferably be a separate
annual report or, at the least, a separate chapter in the annual report of the NHRI.
In the Czech Republic, the Ombudsman (Public Defender of Rights) has been designated
as NPM following a revision of the mandate, the provision of additional financial resources and
the establishment of a new unit, comprising six staff, within the Office.
In Sweden, the two bodies designated as NPMs objected to their designation through
submissions to Parliament. The Parliamentary Ombudsmen have the mandate to carry out
unannounced visits and initiate investigations but consider that, as the institution is complaintsdriven and mostly reactive in character, its ability to carry out the preventive work required by
the Optional Protocol is limited. The Chancellor of Justice has wide supervisory powers but
is a reactive institution, composed of lawyers, which had not been given sufficient additional
resources to perform this additional task.
During its visit to Sweden in March 2008, the Subcommittee on Prevention of Torture held discussions
with both NPMs. In its report, the Subcommittee considered that there was a need for a “profound
re-examination” of the designation and stated that “visiting methodology should reflect a preventive
approach, which although complementary, differs substantially from their current, complaint-driven
activities. The Swedish authorities should also ensure that these bodies receive the necessary
additional resources and training to function as NPMs” (CAT/OP/SWE/1, para. 38). The Swedish
Government has replied that budgetary issues will be dealt with in the framework of the annual
budgetary processes by the Parliament and Government (CAT/OP/SWE/1/Add.1, para. 3).
Watch
Go to the Preventing Torture CD-Rom to watch two examples of NHRIs –
in the Maldives and New Zealand – that are acting as national preventive
mechanisms.
Click on ‘Feature materials’ and then select ‘Item 17 – NHRIs: Case studies
of two national preventive mechanisms’.
3.3. Interaction between designated NPM and the Subcommittee on
Prevention of Torture
The Optional Protocol provides for direct contact between the Subcommittee on Prevention of Torture
and NPMs. When designated as the NPM, NHRIs can interact with the Subcommittee in several ways.
• NPMs and the Subcommittee on Prevention of Torture can have direct contact
(articles 20 (f), 11 (b)(ii), 12 (c))
NPMs can provide information to the Subcommittee on their mandate and functioning, as well
as on their priority areas for the prevention of torture. They should also send their annual reports
to the Subcommittee.
The Subcommittee on Prevention of Torture and NPMs can have direct contact in the form of
meetings, which can be held on a confidential basis if necessary. States parties to the Optional
Protocol have an obligation to facilitate and encourage direct contact between their NPMs and
the Subcommittee.
In the case of a country visit by the Subcommittee on Prevention of Torture, NPMs should
establish contact with the Subcommittee at an early stage, provide concrete information regarding
Chapter 10: NHRIs and the Optional Protocol to the Convention against Torture | 103
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