Establishment of the Parliamentary Ombudsman’s National Preventive Mechanism
Internal procedures have been adopted for the resolution
of such situations.
The NPM does not process individual complaints. When
the NPM receives an individual complaint during a visit,
it passes it on to the relevant Parliamentary Ombudsman
department for processing.
Announced and unannounced visits
The NPM is authorised to make both announced and
unannounced visits. In 2014, the NPM conducted one
unannounced visit. The NPM wishes to have a constructive relationship with the responsible authorities
and cooperate with them. This form of collaboration
demands high confidence that visits are conducted in
an independent and investigative manner. Accordingly,
the NPM intends to conduct unannounced visits in
additional sectors as it gains experience.
Announced and unannounced visits have both strengths
and weaknesses. In the case of announced visits, there is
the risk of being presented with a “touched up” picture.
In the case of unannounced visits, a major challenge
may be obtaining information beforehand, and ensuring
that the administration and persons deprived of their
liberty are in fact available during the visit. Further,
unannounced visits may disrupt day-to-day activities
or be challenging for children and others who are
especially vulnerable. At the same time, unannounced
visits may have a greater preventive effect beyond the
actual places visited.
Visit handbooks
In 2014, the NPM developed handbooks for its visits
based on the experiences of NPMs in other countries.
The handbooks are designed to ensure that key topics
are covered during each visit, that visits are conducted in
accordance with defined procedures and standards, that
they have a consistent content, and that they facilitate
comparisons between institutions and of changes over
time.
Before the first visits to prisons and police custody
facilities were undertaken in the autumn of 2014, the
NPM developed handbooks for these two sectors.
The visit handbooks set out the procedures for planning visits, including the identification of rules and
regulations, and the obtaining of information during
announced and unannounced visits. Further, the handbooks describe key aspects of the planning phase, the
actual conduct of visits, the drafting of reports containing recommendations and the follow-up of findings and
recommendations.
Conduct of visits
Every visit begins with the gathering of information from
a range of sources. This includes relevant national and
international legislation and information on the conditions faced by persons deprived of their liberty at the relevant place. If the visit is announced, the administration
and the responsible authorities are informed. In the case
of announced visits, the place receives a letter concerning the planned visit which also contains a request for
information to be sent in advance or presented during
the visit. Previous reports are obtained from relevant
supervisory bodies, and the NPM advisory committee is
encouraged to share information and provide input. In
the case of unannounced visits, information is primarily
obtained through openly accessible sources, but also
through other sources, such as complaints and information received.
The duration of a visit depends primarily on the size of
the place in question. In 2014, the NPM has conducted
visits that lasted between one and four days.
Visits have the following main components:
• meeting with the administration
• inspection of the premises
• private conversations with persons deprived of their
liberty
• conversations with staff, health workers, relatives and
other affected persons
• review of documents
• final meeting with the administration
When needed, the NPM’s staff use interpreters during
conversations with persons deprived of their liberty. In
2014, the NPM used interpreters during visits to three
of four places of detention. Wherever possible, the NPM
seeks to use interpreters who can attend in person, but
10. See also UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), Guiding principles for efforts
to prevent torture, CAT/OP/12/6, 30 December 2010.
11. Association for the Prevention of Torture (APT), Monitoring places of detention: a practical guide, February 2004, pages 29–33.
Norway’s National Preventive Mechanism – Annual Report 2014
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