Prevention of reprisals against persons
interviewed during visits, others providing the
NPM with information before or after a visit and
also NPM members
Assessment
tool
paragraph
NO Partial YES Comments
180. Is the NPM expressly permitted (either
in law or in practice) to distribute any
material on the NPM to detainees and
others in the facilities?
37.2
181. Is it expressly permitted (either in law,
regulations or in practice) for persons to
receive and keep such material?
37.2
182. Are cases of particular concern followed
up and monitored, including after transfer
of the detainees or personnel concerned to
other institutions?
37.3
183. Is increased attention paid to, and
enhanced monitoring carried out of,
places where reprisals have occurred or
are likely to have occurred?
37.3
184. Is intervention by and assistance from
other actors, including NGOs, sought and
facilitated?
37.4
185. Does the NPM share relevant information
with international monitoring bodies on
possible cases of reprisals?
37.4
186. Does the NPM act on immediately relevant
information from other actors, including
NGOs working directly or indirectly with
detainees, which gives rise to concerns
regarding possible reprisals?
37.5
187. Is any well-founded concern about
reprisals analysed, verified as far as
possible, and filed?
37.6
188. Is any well-founded concern about
reprisals included in the reporting of the
NPM?
37.6
189. Are such concerns subject to
recommendations for improvement of
institutional practices with a view to
protection and compensation of victims
and prevention of recurrences?
37.6
190. Are cases regarding particular individuals
at risk of reprisals brought to the attention
of the authorities and followed up?
37.7
191. Is this done with the consent of the persons
concerned?
37.7
192. In cases of alleged reprisals, does the
NPM seek to ensure that a disciplinary or
criminal investigation is initiated?
37.8
193. In cases of alleged reprisals, does the
NPM seek to ensure that victims are
protected?
37.8
194. In case of alleged reprisals, does the
NPM seek to ensure that victims are
compensated?
37.8
195. Does the NPM ensure that the relevant
legislative framework encom-passes
absolute prohibition of torture?
38
196. Does the NPM ensure that the relevant
legislative framework encompasses the
definition of torture in accordance with the
provisions of the UNCAT, Article 1?
38
197. Does the NPM ensure that the penalties
for infractions are commensurate with the
gravity of the offence?
38
Issues related to the legislative framework
62 I PREVENTING TORTURE: THE ROLE OF NATIONAL PREVENTIVE MECHANISMS – A PRACTICAL GUIDE
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