ANNEX 2: Basic Information on the NPM »»»» ANNEX 2: Basic Information on the NPM Since 2006, the Defender has acted in the capacity of the national preventive mechanism pursuant to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT; No. 78/2006 Coll. of International Treaties). “The Defender shall systematically visit places where persons restricted in their freedom by a public authority, or as a result of their dependence on care provided, are or may be confined, with the objective of strengthening the protection of these persons against torture, or cruel, inhuman and degrading treatment, or punishment and other forms of ill-treatment” (Section 1 (3) of Act No. 349/1999 Coll.). The Defender’s mandate encompasses all places of detention, even places of detention de facto where restriction of liberty results from dependence on the care provided and where the primary purpose of stay is provision of social, educational and health care. Systematic visits are carried out in facilities founded by both public as well as private entities. helped working on special topics. The Office organises recruitment of experts ahead of a larger series of visits and is open to interest on the part of experts; the Defender entered into a special co-operation with the Czech Association of Nurses, the Czech Alzheimer Society and the Czech Society of Palliative Medicine. Office staff receive all necessary training courses, internships and technical equipment, including cars, computers and cameras. They work according to special methodologies and use separate documentation. Members of the monitoring team have all the necessary authorisation to carry out visits: they have access to all facility premises at their request, may speak to anyone they wish in private and have access to all documentation, including medical files. The Defender is free to choose places to visit. The Defender determines the plan of visits internally one year in advance, where this plan is sometimes operatively supplemented in reaction to pressing issues. In determining the plan, the Defender follows up on the previous period, where in view of the goal to act against ill-treatment, the Defender strives for maximum efficiency in carrying out individual visits as well as issue-focused series culminating in systemic proposals and recommendations. As a rule, the visits are unannounced. The number of visits each year depends on the size of the facilities selected for visit and the scope of the inquiry. After visiting a facility or after related visits to several facilities, the Defender compiles a report on his or her findings that may include recommendations or proposals of remedies. The Defender monitors compliance with the recommendations and discusses the recommendations with the facility that was visited, its founder or the relevant authorities. If the Defender finds their response insufficient, he or she may inform the superior authority or, if no such authority exists, the Government; the Defender may also inform the public of his or her findings. The Defender publishes reports on individual visits (after the case has been closed) in the Defender’s Opinions Register (eso.ochrance.cz) and on the Internet. If the Defender obtains findings that can be generalised, he or she releases a summary report where the systemic recommendations are formulated and measures to prevent ill-treatment are proposed. The visits are carried out by employees of the Office of the Public Defender of Rights on the basis of the Defender’s instruction. These are lawyers from a special department within the Office as well as external consultants in other fields of expertise. The Defender most frequently co-operates with physicians and nurses, psychologists, social workers and special pedagogues. A clinical pharmacologist and a nutritional therapist Along with visits, the Defender and her team also pursue further activities to prevent ill-treatment: Publish selected summary reports in press and disseminate them. Comment on governmental bills. Work in advisory bodies. Co-operate with State inspection bodies. Educate and raise awareness among professional public. Actively participate in the co-operation of national preventive mechanisms in Europe. 25