GENERAL INFORMATION ABOUT THE WORK OF THE NATIONAL AGENCY 4 – SPECIFIC ISSUES 4.1 – IMPLEMENTATION OF RECOMMENDATIONS (FOLLOW-UP PROCESS) + + + 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: + + + + + + + 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 16

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