The Prevention of Torture Through a National Mechanism
19. The Office of the Ombudsman then had to make an important decision:
Gradual deployment of the
whether to delay commencement of its programme of inspection visits until its
institution
complete structure was in place in compliance with the most stringent SBT standards
or to deploy in stages, thus visiting a large number of places of deprivation of liberty
as soon as possible. In the spirit of the OPCAT and pursuant to the mandate
received, it was decided to do the latter and set up an operational unit
immediately.
20. On January 19, 2010, in line with the report by the Co-ordination and Internal
Structure of the NPM
Framework Board [Junta de Coordinación y Régimen Interior], the task of overseeing
the Office’s work as an NPM was delegated to the First Assistant to the Ombudsman.
A unit with its own organisational structure was also set up under the name
“National Preventive Mechanism against Torture (NPM) Unit”. Apart from the
personnel assigned exclusively to this unit, it was decided that various specialist
areas dealing with investigations of different types of places of deprivation of liberty
(the Security and Justice, Health and Social Policy and Migration and Equal
Treatment units) should provide backup personnel on the programme of inspection
visits. The overall design of the NPM involves setting up an Advisory Council,
establishing links with specialists in numerous scientific disciplines with a view to
obtaining a more in-depth analysis of certain aspects of the treatment of persons
deprived of their liberty and strengthening capabilities for normative analysis.
Work on all these issues was undertaken in 2010; some of them are linked to changes
in the ROFDP and thus clearly take priority in the future.
21. With a view to substantially increasing the operational capabilities of the NPM,
Co-operation with regional
at the 25th Seminar for the Co-ordination of Ombudsman, held in the province of
ombudsmen has been
La Rioja, the acting Ombudsman outlined to her regional counterparts a proposal
proposed
for a co-operation agreement to involve all their offices in the fulfilment of the remit
of the NPM. With this she strove to fulfil the mandate conferred by legislators,
which established a single NPM with general competences covering all territories
and all types of places of deprivation of liberty, while at the same time increasing the
potential number of inspection visits through an advanced co-operation system.
The implications of this system for the regional ombudsman are many and varied,
and as a result no final decision has yet been made in this regard.
22. The Ombudsman also envisages that co-operation agreements will be
Links with specialists in
signed with professional institutions and other significant organisations to
scientific disciplines
establish a formal framework of external technical expert assistance in the tasks
of the NPM. The top priority in this regard is to set up a stable framework of
co-operation with specialists in forensic medicine, psychiatry and psychology.
THE OMBUDSMAN OF SPAIN
19
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