Establishment of the Parliamentary Ombudsman’s National Preventive Mechanism Overview of ministries and subordinate agencies with responsibility for the places of detention affected by the NPM’s prevention mandate Ministries Subordinate agencies Ministry of Justice and Public Security Directorate of Norwegian Correctional Service Norwegian National Police Directorate Ministry of Health and Care Services Norwegian Directorate of Health Ministry of Children, Equality and Social Inclusion Norwegian Directorate for Children, Youth and Family Affairs Ministry of Defence Norwegian Armed Forces facilities. These supervisory bodies are an important source of information on the situation at different places of detention. From a prevention perspective, these bodies are also important partners in the efforts to ensure that the NPM’s work is as effective as possible. Information on existing supervisory mechanisms is important in setting the correct priorities for visits by the NPM. Work methods Legal basis The prevention mandate is based on the Optional Protocol to the Convention against Torture (OPCAT), and aims to prevent breaches of the prohibition against torture and other cruel, inhuman or degrading treatment or punishment as set out in the UN Convention against Torture. Other international human rights standards, national regulations and case law that are relevant for the preventive mandate, include: • International legal instruments such as the UN International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the UN Convention on the Rights of Persons with Disabilities, the UN International Convention on the Elimination of All Forms of Racial Discrimination and the UN Convention on the Elimination of All Forms of Discrimination against Women. • Regional regulations such as the European Convention on Human Rights, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Prison Rules. • Relevant UN declarations, resolutions, rules and principles, including the UN Standard Minimum Rules for the Treatment of Prisoners, the UN Code of Conduct for Law Enforcement Officials, the UN Standard Minimum Rules for the Administration of Juvenile Justice, the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and the UN Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules). • Relevant case law, standards and general comments of supervisory bodies such as the UN Committee against Torture (CAT), the UN Committee on the Rights of the Child, the European Committee for the Prevention of Torture and Inhuman or Degra­­­ding Treatment or Punishment (CPT) and the UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT). • National legislation like the Execution of Sentences Act, the Patient and User Rights Act, the Specialist Health Services Act, the Mental Health Care Act and other relevant laws. • The case law of the Norwegian courts and the European Court of Human Rights (ECtHR). 7. See footnote 2, article 4. 8. Report of the inter-ministerial working group established to evaluate the consequences of Norway’s potential ratification of the Optional Protocol to the Convention against Torture, consultation paper, www.regjeringen.no/nb/dokumenter/horingsnotat/id686354/ (Norwegian only). 9. As regards places of detention relevant to persons with developmental disabilities, the figures are very uncertain, not least because many persons in this category live in private homes or shared housing. The NPM has not yet begun visiting such places, and has therefore not completed a survey of this particular field. Norway’s National Preventive Mechanism – Annual Report 2014 15

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