persons with disabilities), the NPM must, in contrast, pre-select
facilities that are to be monitored and controlled for the first time and –
due to capacity reasons – weigh the necessity of follow-up visits in a
facility. The main responsibility of the NPM is less to examine isolated
cases of concern, but rather to detect structural aspects that can lead
to such cases. The NPM is flexible enough and also has enough
resources to react quickly to extraordinary circumstances outside of
the planned visits. Most of the visits in 2015, namely six, were solely to
the Traiskirchen Initial Reception Centre, which was necessary due to
unacceptable human rights conditions on the ground - such as mass
homelessness and inadequate care of almost 1,500 persons during
the summer.
Control density varies
Initiation or management of change processes in organisations is only
successful where a shared insight into the objectives focused on by
the NPM can be created. It arises from the mandate and the overall
character of the OPCAT that the activity of the NPM must be carried out
with a monitoring perspective that is centred on human rights and
must result in reports and recommendations. This requires the
systematic study of the social realities encountered, their assessment
in light of international and national human rights standards,
demanding suitable measures to achieve these standards and their
initial establishment if they do not yet exist on the national level. The
NPM must address the changes it believes to be necessary in depth in
order to fully maximise the proactive potential of the preventive
mandate.
NPM activities result in
reports and
recommendations
In addition, the importance of visits, of constructive dialogue with the
management of the facilities and institutions and with the entities that
own or operate them, as well as with ministries, supervisory
authorities, and the legislature, should not be underestimated. In order
to effectively prevent human rights violations and to demand changes
– which are clearly necessary – it is mandatory to process and discuss
the results of commission visits with all those responsible, with
cooperation partners, and also with legislative bodies. The authorities
and administrative departments that fall into the NPM’s area of
responsibility are obligated under Article 22 of the OPCAT to enter into
a dialogue with the NPM regarding possible implementation
measures, and they in fact do so. Permanent working groups on
subjects regarding the NPM have once again been established in
cooperation with the Federal Ministry of the Interior in 2015;
discussions with other bodies are conducted as required.
Increased dialogue is
necessary
Behind the system of preventive visits is the conviction that there is an
increased danger of abuse when people deprived of their liberty are
subject to an especially high degree of government authority or the
authority of private actors that is tolerated by the state and, are, at the
same time, hidden from the attention of a public that engages in
advocacy. Torture and other cruel, inhuman or degrading treatment or
Guarantee, protection
and respect for human
rights
6