-24 the circumstances under which they operate, and the identification of the systemic factors causing the problems. • It leads to a realistic understanding of what to expect from individual persons operating in a system that strongly defines their behaviour. • It helps to elaborate recommendations that focus on the systemic risk factors which are relevant for coming to grips with a particular problem and – if implemented – can create sustainable impact. In fighting impunity for torture, this highlights the need to complement the demand for individual responsibility of perpetrators with an analysis of the systemic and organizational factors, including leadership failures and cultural patterns, which tend to make these cases possible. This also guards against the frequently used theory of “rotten” apples which is used by political leaders to fend off responsibility for their contributions to the occurrences of torture.36 Questions for monitors • • To which extent do you explicitly take into account the particular role that prison staff and management play? • How can you better understand in which way the behaviour of prison staff and management is strongly influenced by systemic factors? • How does this understanding affect your attitude towards and communication with prison staff and management? • How is this understanding integrated in your analysis and recommendations? • How can this understanding be integrated in the follow-up strategy? • In which way does your NPM include relevant skills in training programmes for monitors? Understanding of the relevance of roles for explaining behaviour (using insights from psychology/sociology) Identification of systemic failures instead of attributing problems to personal deficits(“fundamental attribution error”) 36. Ibid.

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