54.The regional task forces formed in 2011 have been successful in building a more meaningful and structured engagement with
NPMs. The task forces have initiated communication and dialogue with NPMs, gathering information about the situation in respect of
persons deprived of liberty. However, the Subcommittee has observed that while working with NPMs in some countries and regions
has been quite productive, this is not always the case. Establishing and maintaining communication and information sharing with some
NPMs has been difficult, and this appears to have a direct correlation with the situation regarding the structuring and nature of the
functioning of NPMs, in addition to, of course, whether they have been established in the first place. The Subcommittee wishes to
highlight the importance of the establishment and, thereafter, the effective operation of an independent NPM, in accordance with the
Subcommittee Guidelines, in order to ensure compliance with the Optional Protocol.
55. The Subcommittee will continue its practice of inviting NPMs to its sessions, either in plenary or with regional task forces, to
further develop its understanding of how different NPMs carry out their work and to share experiences with them. The Subcommittee
finds these exchanges highly beneficial, enriching its understanding and enhancing its capacity to identify, share and disseminate good
practice.
3.Development of comments on substantive issues
56.The Subcommittee is aware that the increasing visibility of its comments and approaches to prevention has had the welcome
consequence of fostering greater interest in its work by those with experience in relevant fields and a desire that they be able to
contribute to that process. It has therefore decided on a methodology to be followed when developing thematic papers, which
includes the possibility of having public consultations with relevant stakeholders at appropriate points in the process of their
formulation when the Subcommittee considers it to be beneficial and practical to do so.
57. The Subcommittee has made public a provisional statement on the Standard Minimum Rules for the Treatment of Prisoners and
hopes to make public a policy paper on reprisals. The Subcommittee welcomes comments on these issues, with a view to making the
documents more holistic.
4.Confidentiality
58. The Subcommittee is fully aware of the need to ensure that it fully respects the principle of confidentiality in its work, this being a
central element of the framework surrounding its visiting mandate. The Subcommittee is continually reviewing the practical
implications of this principle in order to ensure that it is applied with the least possible impact on its ability to work effectively.
5.Training
59.In order to enhance its knowledge and capacity in monitoring non-traditional places of detention, the Subcommittee initiated and
held a two-day workshop on monitoring mental health and social care institutions, with the financial assistance of the Government of
Germany and administrative assistance from APT. Its purpose was to enable the Subcommittee to address, during its visits, issues of
stigmatization, discrimination, deprivation of human rights, neglect and ill-treatment of people with mental illness and disabilities. The
Subcommittee is aware that persons in mental health and social care institutions comprise just one among many groups of vulnerable
persons, and is mindful of the position of women, juveniles, members of minority groups, foreign nationals, asylum seekers, persons
with disabilities, lesbian, gay, bisexual and transgenderpersons, and members of other vulnerable groups who are deprived of their
liberty. This workshop was the first of its kind and the Subcommittee hopes to develop its knowledge and skills through similar
workshops in future.
B. E stablishment of ad hoc working groups
60.During 2012, the Subcommittee established a number of ad hoc working groups to consider (a) systemic issues related to the
interaction of the Subcommittee with NPMs, (b) engagement with processes concerning the Standard Minimum Rules for the
Treatment of Prisoners, (c) induction and continuous training of Subcommittee members, (d) reprisals, and (e) procedural issues,
including issues concerning access to places of detention. The working groups report to the plenary, which retains responsibility for
decision-making. The Subcommittee believes that the use of working groups allows for more focused consideration of a broader
range of issues than would otherwise be possible, and intends to build on this practice to enhance member participation and effective
functioning. The Subcommittee regrets the lack of translation facilities for working groups meeting outside of the plenary room, which
hampers this more efficient use of session time.
61.The working group on Subcommittee/NPM interaction has highlighted, inter alia:
(a)The need to ensure that the methodologies used by the regional task forces are internally consistent in order to maintain an equality
of treatment;
(b)The need to establish a mechanism through which NPMs could correspond with and receive appropriate responses from the
Subcommittee;
(c)The importance of developing a questionnaire to collect data from NPMs so that a database with comparable information could be
established and maintained;
(d)The value in engaging with NPMs regarding the activities of the Subcommittee, including in country activities.
62.The working group on Standard Minimum Rules has highlighted, inter alia, the major contribution which in general it believes the
Subcommittee can make to discussions concerning the Standard Minimum Rules. In particular, it has highlighted several areas which
might benefit from appraisal, including, but not limited to: