8.4. The facts and findings of the case
In addition to critical remarks regarding placement and treatment, positive practices observed during the visit are also to be commented on and
evaluated in this part of the report.125
I deem it important that the reports should be concise and to the point.
To ensure “full respect” for the human rights of persons deprived of their
liberty, I strive to elaborate on those aspects of their treatment and placement which may result in a fundamental-rights-related impropriety or the
threat thereof.
8.5.
Measures taken by the NPM
Pursuant to Article 19(b) of the OPCAT, the National Preventive Mechanisms
shall be granted the power to make recommendations to the “relevant authorities with the aim of improving the treatment and the conditions of the persons deprived
of their liberty and to prevent torture and other cruel, inhuman or degrading treatment
or punishment, taking into consideration the relevant norms of the United Nations”.
This part of the report shall detail those measures that are necessary for
remedying fundamental-rights-related improprieties related to the treatment and placement of the detainees, as well as for eliminating circumstances threatening the enforcement of fundamental rights.126 In every case,
the provision of the Ombudsman Act giving grounds to a particular measure has to be indicated.127
In addition to preventing torture and other cruel, inhuman or degrading
treatment or punishment, the NPM’s recommendations are also aimed at improving the treatment and the conditions of placement of persons deprived
of their liberty. Through the measures specified in my reports on the NPM’s
visits, I try not only to prevent torture and other cruel, inhuman or degrading treatment or punishment, but also to prevent and eliminate improprieties
related to other fundamental rights of persons deprived of their liberty, as well
as treatments and circumstances potentially resulting in the threat thereof.
The report must clearly indicate the fundamental-rights-related impropriety or the circumstance threatening the enforcement of a fundamental right to
which the given measure is related.128 The measures with different addressees
and the different measures to the same addressee must be clearly separated.129
125
126
127
128
129
See SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 30 of CAT/
OP/1/Rev.1).
See Article 34(1) of CFR Directive.
See Article 34(3) of CFR Directive.
See Article 34(2) of CFR Directive.
See Article 34(4) of CFR Directive.
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