8.2. Introduction
8.2.
Introduction
This part of the report gives a short introduction of the competence of the
NPM, the reasons for and the circumstances of selecting the location, as
well as the criteria based on which, pursuant to Article 4(2) of the OPCAT,
persons are deprived of their liberty there. It contains the date of the visit,
the names and qualifications of the members of the visiting delegation, the
positions of my colleagues who are public servants, and the method of the
inspection. Since the preventive monitoring visits of the NPM also cover
the practice-oriented review of the relevant legal regulations, the introduction also specifies the applied domestic and international sources of law, as
well as the list of fundamental rights touched upon by the report.
8.3.
Prohibition of sanctions
In the report, I call the attention to the fact that “no authority or official shall order,
apply, permit or tolerate any sanction against any person or organization for having
communicated to the national preventive mechanism any information, whether true or
false, and no such person or organization shall be otherwise prejudiced in any way”.117
8.4.
The facts and findings of the case
From the aspect of performing the tasks related to the NPM, the detailed description of the treatment and conditions observed is of major importance.
The facts of the case include the place of detention’s basic data, as well as the
detailed description of the observations, interviews, and documents obtained,
on which the NPM bases his findings and measures.118 The head of the visiting
delegation drafts the report using the subreports prepared by the members of
the visiting delegation and the opinions of the external experts. The application
of the method of triangulation, i.e. cross-checking information (allegations),
provided by various persons, as well as documents, facilitates objectivity.119
The findings of the report shall include those aspects of placement conditions and treatment which may lead to an impropriety related to a fundamental right or the threat thereof.120 Under findings, I also present those
117
118
119
120
Article 21(1) of the OPCAT.
See Article 32(1) of CFR Directive.
See SPT: Analytical self-assessment tool for National Prevention Mechanisms (Clause 26 of CAT/OP/1/Rev.1).
See Article 33(1) of CFR Directive.
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