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1.1
Overview of the National Preventive
Mechanism (NPM)
Mandate
Since 1 July 2012, based on the OPCAT mandate (Optional Protocol of
the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment) the Austrian NPM has been
monitoring and controlling all public and private institutions and
facilities where persons are or can be detained.
OPCAT
This preventive responsibility of the NPM serves to protect and
promote human rights. Under the term “prevention” the NPM
understands necessary measures to reduce risk which occur as
persons being detained are subject to state interference and
intervention to a particularly high degree. The NPM’s monitoring and
control activities must be carried out “seamlessly as a matter of
routine”, a mandate that the NPM fulfilled in the reporting year.
The
Act
on
the
Implementation
of
OPCAT
(OPCATDurchführungsgesetz) vests the Austrian NPM with a very broad
mandate. The NPM is authorised under the Austrian Federal
Constitution to monitor and control institutions, facilities and
programmes for persons with disabilities and to monitor and
concomitantly examine authorities empowered by the State to
exercise direct administrative power and compulsion.
Broad mandate
These responsibilities also fall under the realm of prevention. In order
to prevent any form of exploitation, violence and abuse, Austria must
ensure that all institutions, facilities and programmes for persons with
disabilities are effectively monitored by independent authorities. The
competence of monitoring the exercise of direct administrative power
and compulsion has been carried out by a unit of the Federal Ministry
of the Interior since 1998 and was taken over by the NPM in 2012.
In practice, these responsibilities are of course linked; this means that
the commissions include all responsibilities when they prepare visiting
programmes. Therefore, the NPM interprets its responsibilities to
protect and promote human rights under this broad mandate that it is
obliged to fulfil, even when the underlying legal principles are
different.
Work on developing a database of visit reports was completed as at
the end of the reporting year. The database will make uniform
procedural methods by the commissions easier, enable maintaining
an overview of the work done each year and facilitate the evaluation
of the observations made.
7
Database successfully
begun