7
The Parliamentary Ombudsman's
preventive mandate
On 14 May 2013, the Norwegian Parliament, the
Storting, voted in favour of Norway ratifying the
Optional Protocol to the Convention against Torture,
abbreviated OPCAT. The Storting tasked the Parliamentary Ombudsman with exercising the mandate set
out in OPCAT, and the National Preventive Mechanism
(NPM) was established in 2014 as a department under
the Parliamentary Ombudsman to address this area
of the Ombudsman’s work.
The Parliamentary Ombudsman, represented by the
NPM, makes regular visits to places where people
are deprived of their liberty, such as prisons, police
custody facilities, mental health care institutions and
child welfare institutions. The visits can be announced
or unannounced.
The Parliamentary Ombudsman has right of access to
all places of detention and the right to speak privately
with people who have been deprived of their liberty. The
Ombudsman also has right of access to all necessary
information that is relevant to the conditions for people
deprived of their liberty.
During its visits, the NPM will endeavour to identify risk
factors for violations by making its own observations
and through interviews with the people involved.
Interviews with people deprived of their liberty are
given special priority.
As part of its prevention efforts, the Parliamentary
Ombudsman engages in extensive dialogue with
national authorities, control and supervisory bodies
in the public administration, other ombudsmen, civil
society, preventive mechanisms in other countries and
international organisations in the human rights field.
An advisory committee has been established that
contributes expertise, information, advice and input
to the prevention work.
1 See the UN Convention against Torture Article 12.
The UN Convention against Torture
The UN Convention against Torture states that torture
and ill-treatment are strictly prohibited and that no
exceptions can be made from this prohibition under
any circumstances. States that endorse the convention
are obliged to prohibit, prevent and punish all use of torture and other cruel, inhuman or degrading treatment
or punishment. According to the Convention, each
State party shall ‘ensure that its competent authorities
proceed to a prompt and impartial investigation,
wherever there is reasonable ground to believe that
an act of torture [or other cruel, inhuman or degrading
treatment or punishment] has been committed in any
territory under its jurisdiction’.1
Norway endorsed the Convention against Torture in
1986. The Prohibition against Torture is set out in
various parts of Norwegian legislation, including Article
93 of the Norwegian Constitution.
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The UN Convention against
Torture states that torture and
ill-treatment are strictly
prohibited and that no exceptions
can be made from this prohibition
under any circumstances.
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