with information before or after a visit
25.The NPM should develop a strategy for the prevention of reprisals or threats from staff as well as from fellow inmates, against
persons interviewed during visits, and against others providing it with sensitive or critical information before or after a visit. This could
include the following:
The NPM should establish a policy setting out the types of information that can be collected during group interviews and the types of
information that should be collected in private interviews only. Whenever sensitive or critical information is obtained during a private
interview a number of additional private interviews should be conducted to preserve the anonymity of the source of the information.
Cases of particular concern should be followed-up and monitored, including after the transfer of the inmates to other institutions.
Intervention and the assistance of other actors, including NGOs, may be sought and facilitated.
Relevant information from other actors, including NGOs working directly or indirectly with inmates, which gives rise to concerns
regarding the possibility of reprisals should be acted upon immediately.
With the consent of the inmates concerned, the cases of particular individuals at risk of reprisals might be brought to the attention of
the authorities and followed-up.
In case of alleged reprisals the NPM should seek to ensure that a disciplinary investigation or a criminal investigation is initiated.
F.Issues related to the Constitution and legislative framework
26.The constitution and/or relevant legislative framework must encompass an absolute prohibition of torture and definition of torture
in accordance with the provisions of the UNCAT, Article 1 and the penalties for infractions must be commensurate with the gravity of
the offence.
27.The NPM should consider monitoring and analysing systematically the practice of proceedings against suspected perpetrators of
torture and ill-treatment and advocate for, or facilitate the establishment of, a national register of allegations of torture, any
investigation or criminal proceedings undertaken, and the outcome thereof.
28.The NPM is mandated to assess draft and existing legislation against the State’s international obligations and against other
international standards. Therefore, the NPM should propose and advocate for necessary legislative changes and lobby for their
implementation, e.g. with parliamentarians and government, in conjunction with other relevant actors when appropriate.
29.The mandate and powers of the NPM should be clearly set out in a constitutional or legislative text. The mandate and powers of
the NPM should be in accordance with the provisions of the Optional Protocol.
V.Crosscutting issues
A.Cooperation and communication
30.The NPM should establish sustainable lines of communication with both relevant governmental ministries and with those
responsible for the administration and management of places of detention, with other relevant national and international actors in the
field of prevention of torture, including the SPT, and with civil society organisations.
31.The NPM should establish: (a) a mechanism for communicatiang and cooperating with relevant national authorities on the
implementation of recommendations, including urgent action procedures, (b) a means for addressing and resolving any operational
difficulties encountered during the exercise of its duties, including during visits; (c) a policy for publicising reports, or parts of reports
including the main findings and recommendations, and (d) a policy regarding the production and publication of thematic reports.
32.The NPM should establish a strategy for cooperation with other national and international actors, including the SPT, on prevention
of torture and on follow-up of cases of suspected or documented torture or ill-treatment.
33.The NPM should establish a strategy for making its mandate and work known to the general public and should establish a simply
and accessible procedure through which the general public might provide it with relevant information.
B.Systematization of experiences
34.The NPM should ensure that important concrete and contextual observations arising from its visits to institutions, its
recommendations and the responses from the authorities are categorized, filed and regularly processed for use in dialogue with the
authorities and for the ongoing planning of work and for the further development of its strategies.
C.Budgets; prioritizing resources
35.The NPM should seek to have its budget determined, and should prioritise its own use of resources, on the basis of a regular
analysis of its practice and experience, and in the light of its evaluation of its needs and the means necessary for it to exercise its
mandate appropriately. –The NPM should advocate for the provision of the resources necessary for the effective exercise of its
mandate, with the assistance of the SPT and /or other relevant actors if necessary.
36.Whilst the NPM should prioritise the most important problem issues and most problematic institutions, it should not disregard any