Annual report 2011: Spain’s National Preventive Mechanism
Of the 62 states that have
ratified the OPCAT, as of the
start of 2012 only 31 have
set up an NPM under the
parameters required. 18 of
them are from Europe
19. Moreover, as of the start of 2012 only 31 of the 62 states that have ratified the
OPCAT have actually set up an NPM under the parameters required by the OPCAT.
A breakdown by geographical location reveals that 18 of those 31 states are European: Albania, Cyprus, the Czech Republic, Denmark, Estonia, France, Germany, Liechtenstein, Luxembourg, Malta, Poland, Moldova, Slovenia, Spain, Sweden, Switzerland, FYR Macedonia and the UK. Only five are from Africa: the
Maldives, Mali, Mauritius, Senegal and Nigeria; four from the Americas: Costa
Rica, Honduras, Mexico and Uruguay; three from Asia: Armenia, Azerbaijan
and Georgia; and one from Oceania: New Zealand. The 31 countries that have
designated NPMs (29 discounting the two that have not yet formally notified the
SPT) have chosen many different forms. Each country is free to choose whatever
form of NPM best suits its particular characteristics or interests. As a result, some
NPMs consist of a single institution (e.g. in Spain, France, Macedonia, etc) while
others comprise a number of different organisations, one of which acts as a coordinator (as is the case in the UK). The tables below show the forms taken by
NPMs in Europe and Latin America, the two main geographical areas in terms of
international relations for the Ombudsman of Spain.
Table 14. Form of NPMs in Europe and Latin America
Europe
Ombudsman
– Albania: People’s Advocate.
– Cyprus: Commissioner of
Administration.
– Denmark: Ombudsman.
– Slovenia: Human Rights
Ombudsman in combination
with NGO.
– Spain: Defensor del Pueblo.
– Estonia: Chancellor of Justice.
Country
Other institutions
– Germany: Federal Agency for
the Prevention of Torture &
Joint Commission of the
Lander.
– France: Contrôleur Général
des Lieux de Privation de
Liberté.
– Liechtenstein: Corrections
Commission.
– Luxembourg: Médiateure du
Grand-Duché de Luxembourg.
– Malta: Board of Visitors for
Detained Persons & Board of
Visitors of the Prisons.
– Moldova: Centre for Human
Rights (Ombudsman) in
combination with the
Consultative Council.
– UK: 18 organisations, with
HM Inspectorate for Prisons
as coordinator for all 18.
– Poland: The Commissioner for
Civil Rights Protection
(Ombudsman).
– Switzerland: National
Commission for the
Prevention of Torture.
– Czech Republic: Public
Defender of Rights.
– FYR Macedonia: Ombudsman.
– Sweden: Parliamentary
Ombudsman & Chancellor of
Justice.
30
THE OMBUDSMAN OF SPAIN
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