Investigative proceedings in the year under
review
Investigative focal points
While taking the AOB’s general investigative focal points into consideration, it is the duty of the Commissions to proceed so that all areas
Seamless and routine
procedures
are covered seamlessly as a matter of routine. Due to this statutory
requirement, the National Preventive Mechanism must fulfil its competence equally with regard to all the duties with which it has been
charged. Additionally, however, investigative focal points should be
defined in order to ensure that the available capacities are utilised as
efficiently and effectively as possible.
In accordance with the NPM, the intensity with which the Commissions pursue their duties is decisive for the determination of the investigative focal points. Merely the specification how many of the availab-
Subject, standards
and methodology are
decisive
le financial resources should be spent, for example, for the investigation of the various types of institutions and facilities does not, in and
of itself, indicate, what the delegations should focus on during their
visits. The purpose of the visit is therefore determined by the defined
issue to be investigated and the relevant international and national
standards for this issue. It should also be kept in mind that the Commissions should develop a uniform methodology for how they proceed
and their approach with regard to content. This is the only way to ensure that the subsequent evaluation of their on-site observations and
findings is possible.
For the initial phase of the NPM, the members of the AOB and the
Commissions decided to first of all visit the largest and most important institutions and facilities of the respective regions. In this context, the Chairpersons of the Commissions expressed the desire that
the AOB suggests issues regarding the penal system based on its previous handling of individual complaints.
The performance of urine and drug testing in penal institutions was
mutually agreed as the issue to be investigated. During recent years,
Initial investigative
focal point
there have been repeated complaints that these tests are not conducted
with the necessary respect or with optimum protection of the privacy
of the test subject. The AOB made the criteria, which it intends to use
subsequently to evaluate the determinations it has made, available to
the Commissions in advance. In particular, it asked the Commissions
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