97
10.
Dialogue on the measures taken
by the NPM
Pursuant to Article 22 of OPCAT, “the competent authorities of the State Party
concerned shall examine the recommendations of the national preventive mechanism and enter into a dialogue with it on possible implementation measures”.
In lack of OPCAT requirements regarding the dialogue between the NPM
and the competent authorities, it is the fundamental principles defined by
the Subcommittee on Prevention that have governing effect in the question
mentioned above.183 The NPM
• should maintain a dialogue with “both governmental authorities and institution directors/managers regarding the implementation of recommendations”,184
• “should establish sustainable lines of communication” and “a mechanism for
communicating and cooperating with relevant national authorities on the implementation of recommendations”;185
• should maintain a dialogue that involves “both written and oral exchanges”.186
Although the implementation of the measures recommended by the NPM
is not mandatory, the Ombudsman Act compels the measures’ addressees to respond on the substance of the recommendations aimed at eliminating the improprieties, or the threat thereof, uncovered during the
inspection. Maintaining continuing and constructive dialogue serving
the monitoring of the implementation of these measures is a statutory
obligation of not only the NPM but also the management of the places
of detention, authorities, and other organs concerned. The dialogue between the NPM and the addressees of the recommendations is conducted on the basis of the report used as a platform. The Ombudsman Act
regulates in detail the method of monitoring, including the deadlines
for responding.187
183
184
185
186
187
Point 1, Section (iii) of Article 11 of OPCAT.
SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 34 of CAT/OP/1/Rev.1)
SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 42 of CAT/OP/1/Rev.1)
SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 34 of CAT/OP/1/Rev.1)
Sections 31-38 of the Ombudsman Act.
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