rights standard applied and indicates which measures should be taken by the responsible state
authorities.
Subsequently, the draft recommendations are submitted to the Human Rights Advisory Council
and after it has dealt with them in its advisory capacity, they are sent to the supreme
administrative bodies. The addressee of the recommendation is obligated to comply with the
NPM’s recommendation within a period of eight weeks and to notify the NPM thereof or to provide
reasons in written form why the recommendation was not implemented. The disclosures on the
website must contain this statement; if need be, in abridged form.
To the extent that the owners and/or operators of the monitored institutions and facilities are not
local or regional authorities, their management bodies are informed in a suitable way of the NPM’s
assessment, with Article148c of the Austrian Federal Constitution being applied mutatis mutandis,
and their competent state supervisory authority being notified. Once the recommendation has
been adopted, its content is binding for the NPM (guiding principle). During follow-up visits, it
must be ensured that the recommendation is complied with. On one hand, the guiding principles
should help the commissions in preparing follow-up visits and on the other hand, they can be of
assistance when generating visit reports. Thus, they not only identify human rights violations but
also address the preventive character of the mandate.
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