Referring individual cases to the prosecution
The SPT Assessment Tool for NPMs stipulates, that NPMs,
“should have clear guidelines for reporting individual cases of deliberate
ill-treatment and requesting inquiries, as well as for maintaining the
confidentiality of the detainee concerned and any other source of relevant
information and protecting such persons against reprisals.”283
It was also emphasised during the NPM workshop in this project that individuals concerned would
have to consent to this step, keeping in mind the “do no harm” principle as an overarching tenet of
the NPM’s work.
Most NPMs refer individual cases where they suspect a criminal offence to the judiciary, with many
NPMs underlining their legal obligation to inform the prosecution of cases involving penal offences
or serious violations of human rights.284 The Italian NPM pointed out in case of a possible Art. 3 ECHR
violation against persons deprived of their liberty, it would inform the authority in charge to stop the
violation, forward the case to the judicial authority in charge as well as to the relevant Minister. The
French NPM also underlined that in the case of grave human rights violations of persons deprived
of their liberty, these are communicated without delay to the responsible authorities. If the CGLPL
believes it to be necessary, it also makes these findings public immediately, including the response
received by the authorities. In case of presumed criminal offences, the French NPM reports these
directly to the public prosecutor (Procureur de la Républic). Since 2008, the NPM has made use of
this procedure thirteen times.285
283
SPT Assessment Tool for NPMs, para. 29.
284
Data from the survey performed on NPMs in this project.
285
The Swedish and Luxembourgish NPMs also have these functions. The Swedish Ombudsperson even has a mandate to
prosecute, although in so far as the NPM is concerned, this has not yet been utilized.
78
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents