Table 3: National Preventive Mechanisms set up under Article 17 of OPCAT,
14 EU Member States
Member State
National Preventive Mechanism
Austria
Austrian Ombudsman Board (Volksanwaltschaft)
Bulgaria
The Ombudsman of the Republic of Bulgaria (ORB)
Denmark
Danish Parliamentary Ombudsman (Folketingets Ombudsmand)
Finland
Parliamentary Ombudsman
France
Contrôleur général des lieux de privation de liberté
Germany
National Agency for the Prevention of Torture
Greece
Greek Ombudsman
Hungary
Commissioner for Fundamental Rights
Italy
National Guarantor for the Rights of Persons Detained and Deprived of their
Liberty
The Netherlands
Inspectorate for Security and Justice (Coordinating institution of six different
entities)
Poland
Commissioner for Human Rights
Slovakia
OPCAT not signed
Spain
Ombudsman (Defensor del Pueblo)
Sweden
Chancellor of Justice
Parliamentary Ombudsmen (Riksdagens ombudsmän)
Source: FRA, 2017
Complaint mechanisms
These preventative measures are not always
considered to be effective. For example,
according to the NGO Rights International
Spain, an independent oversight mechanism
with powers to supervise police actions is
lacking in Spain. 92 Similarly, the Dutch section
of Amnesty International notes that the office
of the Inspectorate of Security and Justice is
not sufficiently independent or transparent. 93
Concerning Finland, in January 2017, the UN
Committee against Torture noted that “while
the Parliamentary Ombudsman has been
entrusted with the task of serving as the
national preventive mechanism, insufficient
financial or human resources have been
allocated to the Ombudsman and […] the
mechanism may not have the human
resources necessary to carry out its
mandate”. 94
Criminal law avenues are not easily accessible
to victims who do not speak the host country
language and who may not have easy access
to legal support. For example, civil society
representatives in France noted that the
normal legal avenues are in practice not very
effective: complaints are often dismissed
with no further action. 95 This situation can be
mitigated by setting up effective complaint
mechanisms and complaints boxes in
reception facilities.
Complaint mechanisms can be internal to the
police or the immigration service (for
example, in Denmark or Hungary). 96 Such
internal mechanisms, though important,
should also be complemented by the
possibility to complain to independent bodies.
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