reprisals by increasing the frequency of
visits to those detention facilities visited
by the SPT immediately after the visit and
when the report is submitted to the government (the detention centres visited are
listed in the press release). The presence
of NGO and NPM representatives can often
have a significant preventive effect in this
regard. However, since it is not always very
clear when the SPT releases its report to
the government, one may request that the
SPT Secretariat announce publically or just
to the NPM and NGO community when the
report is released to the government, so
they know when to take action.
Follow-up to recommendations is among
the most important elements of the work
of international human rights monitoring
mechanisms such as the SPT. It happens
all too often that there is little or no implementation of recommendations given by
such mechanisms. While the government is
mainly responsible for this follow-up, NGOs
also have an important role to play.
When the domestic political environment
allows, NGOs can engage with the government and other national and international
stakeholders to support the implementation of SPT recommendations, if these are
made public. For certain services in detention, such as torture rehabilitation, NGOs
might be better positioned to provide the
direct services than government actors
due to their independent status. In other
cases, NGOs simply possess skills that the
relevant government agencies do not have,
such as torture documentation knowledge.
This does not mean that the primary responsibility falls on the NGOs, but they
do have a role to play. Before engaging in
such activities, it is important to make a
thorough evaluation of how genuine the
governments’ engagement is, in order to
avoid NGOs and other actors being used to
shelter the government from further international criticism.
In order for the SPT to effectively monitor the
implementation of its recommendations, it
is important that it receives follow-up reports both from the government and from
national NGOs, so that it can conduct a
balanced assessment. To promote this,
NGOs can lobby the government to submit
its written follow-up information within
the six-month deadline established by the
SPT. Furthermore, NGOs can submit their
own follow-up reports to the SPT. In a case
where the visit report is not public, NGOs
can submit follow-up reports to provide a
general update on whether the situation in
detention facilities has changed after the
visit, with a special focus on the facilities
visited by the SPT as listed in the visit press
release. Even though they cannot know exactly what recommendations were made
to the government with regard to specific
detention facilities, they can make sure
that the information targets some of the
issues identified in NGO reports prior to
the visit since these are likely to have been
the focus of some SPT recommendations.
In addition, the report can also focus on
the process of establishing an NPM and
the functioning of existing NPMs since this
will always be of interest to the SPT. Such a
report should be submitted approximately
around the six-month deadline imposed on
the government.
In cases where the visit report is public,
NGOs have the opportunity to focus their
follow-up reports on the implementation
of specific recommendations in the report.
In this situation, it is advisable to hold off
submitting the follow-up report until the
Working with the UN Subcommittee on Prevention of Torture: A practical guide for NGOs engaging with SPT country visits
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