GENERAL INFORMATION ABOUT THE WORK OF THE NATIONAL AGENCY
4 – SPECIFIC ISSUES
4.1 – IMPLEMENTATION OF
RECOMMENDATIONS (FOLLOW-UP
PROCESS)
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In 2014 the Ludwig Boltzmann Institute of Human
Rights in Vienna and the Human Rights Implementation Centre at the University of Bristol, in cooperation with the national preventive mechanisms,
launched a study on the effective implementation of
recommendations made in the context of inspection
visits. Two workshops on this issue were held in
Vienna and Bristol in the autumn of 2014.
The study, published in May 2015, contains an
evaluation of the national preventive mechanisms’
previous practice and makes recommendations as
regards a successful follow-up strategy.10 According to
the study, responsibility for implementing the national preventive mechanisms’ recommendations lies
with each State Party, which has to take legislative
measures or otherwise take account of recommendations, including in court rulings. In contrast, the follow-up process serves to give the national preventive
mechanisms an overview of the extent to which their
recommendations have been implemented in each
State Party. Article 22 of the OPCAT provides for a
dialogue between the national preventive mechanisms
and the competent national authorities regarding
possible implementing measures and the respective
level of implementation. The study lists the following
as the building blocks of an effective follow-up strategy:
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Monitoring of implementation
Evaluation
Learning
The study also recommends more systematically
incorporating EU institutions into the follow-up
process. Recommendations should ideally be implemented at EU level and EU standards in safeguarding
humane conditions of detention and treatment should
be developed.
The follow-up strategy which the National Agency
has developed in recent years largely already incorporates these building blocks. During its visits the
National Agency evaluates the extent to which those
recommendations have been implemented which it or
another mechanism has made in the past to the competent supervisory authority. It also uses a data management system which now also records the level of
implementation of each recommendation. Meetings
to discuss implementation of previously made recommendations, among other matters, are held with
the competent supervisory authority as and when
required.
The National Agency also continuously works to
expand its public relations work.
4.2 – THE POLICE
In 2015 the National Agency focused in particular
on the means for preventing police misconduct, in the
context of which it also established contact with
independent appeal bodies.
Situation analysis
Visualising desired change
Reflecting about how change happens and
clarifying assumptions
4.2.1 – Preventing police misconduct
The National Agency exchanged information and
experience regarding the prevention of police misconduct with the Federal Police Academy. A survey of
the ministries of the interior of the Länder revealed
that the Land police forces address this issue in the
context of their training and development programmes. According to the Länder, various modules
are available, for example intercultural skills training,
organisational psychology, the fundamental rights and
values enshrined in the Constitution, professional
ethics and police crisis management. Attention is also
paid during the recruitment process to ensuring that
applicants have the necessary skills and abilities.
Stakeholder analysis
Reflecting on availability and suitability of
tools for follow-up action
Strategic networking, including relations
with the media
Developing pathways of change
10
Birk, Moritz; Zach, Gerrit; Long, Debra et al., Enhancing Impact of National Preventive Mechanisms, Ludwig Boltzmann
Institute of Human Rights: Vienna, 2015. Retrievable at:
http://bim.lbg.ac.at/sites/files/bim/attachments/enhancing_impact_
of_national_preventive_mechanisms_0.pdf
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