National Preventive Mechanism 4.4 Further action The visit reports conclude with a human rights-based assessment, which contains a recommendation directed towards the AOB on what action should be taken, as well as more detailed remarks. The commissions can additionally suggest that further investigations across multiple institutions and facilities be undertaken by the AOB. To the extent that it is not clear from the visit report that no further action is needed, the AOB approaches the highest body which is responsible for the supervision and operation of the facility and, if appropriate, also the owner and/or operator of the facility, with the observations of the commission (consultation proceeding or confrontation proceeding). The heads of the commission are kept informed on an ongoing basis. Recommendation in accordance with Article 148c of the Austrian Federal Constitution After the investigation has been concluded, the final assessment (evaluation) is sent to the highest responsible body. It can contain suggestions on how to remedy the deficiencies that were found or how to implement preventive measures. Upon recommendation by the head of the commission or by the AOB, a “recommendation in accordance with Article 148c of the Austrian Federal Constitution” is jointly drafted in some cases or prompted by such case. In addition to a brief and anonymised description of the case and/or any observed maladministration and/or the human rights-based assessment, this recommendation contains a summary, which defines the human rights standard that was 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 an advisory capacity, they are sent to the supreme administrative bodies. The addressee of the recommendation is obligated to comply with it within a period of eight weeks and to notify the AOB 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. Binding content after adoption of the recommendation 98 To the extent that the owners and/or operators of the monitored institutions are not local or regional authorities, their management bodies are informed in a suitable way of the NPM’s assessment, with Article 148c 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 followup 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. 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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