CAT/OP/PRT/2
follow-up visits should be conducted. The Subcommittee underlines the need always to seek
ways to protect those interviewed from possible reprisals, even when there appears to be little
risk. The Subcommittee noted, in the visits that were carried out together, that the mechanism
did not mention to the authorities of the place of detention at the final debriefings that any
form of intimidation or reprisal against persons deprived of their liberty constitutes a
violation of the State party’s obligation. 14
40.
The Subcommittee recommends that the national preventive mechanism always
consider that there is a risk of intimidation, sanctions or reprisals, and therefore take
steps to address that risk. In addition to the precautions mentioned above, the
mechanism should clearly inform the authorities that reprisal of any kind is
impermissible, will be reported to respective authorities and will be followed up by the
mechanism. This is done with the clear intention of ensuring that those responsible for
such reprisals are promptly investigated, and if found guilty, receive appropriate
penalties. The mechanism should also, inter alia, undertake preventive follow-up visits.
41.
While noting the high professionalism of many of the NPM members when
conducting interviews with the detainees, the Subcommittee recommends that all NPM
members undergo regular trainings, including on interviewing techniques, visiting
procedures and skills to detect signs and risks of torture and ill treatment, to develop
working methods and a comprehensive visiting methodology that will highlight
institutional and systematic challenges, including those affecting vulnerable
populations in places where persons are deprived of liberty. Experienced NPM
members should train the new members and the external experts on interviewing
techniques and regular internal meetings to discuss working methods and experiences
based on visits should be organized.
Visibility and awareness
42. The meetings held by the Subcommittee with some of the relevant authorities revealed,
however, that little was known about the national preventive mechanism per se. Clearly, the
NPM lacks visibility and there may be a lack of understanding of its role vis-à-vis the Office
of the Ombudsperson. The Subcommittee notes that there is limited knowledge of the NPM
among relevant stakeholders, including persons deprived of their liberty, public authorities
and other State monitoring bodies, civil society actors and the general public.
43.
The Subcommittee recommends increasing the visibility of the NPM, including
through activities that raise awareness of the OPCAT and of the NPM mandate. The
NPM should undertake activities to increase the awareness of the general public, and
especially persons deprived of their liberty, about its mission and its mandate. The NPM
should engage in legislative processes, advocacy, which NPMs are encouraged to
undertake under OPCAT article 19, and which increases their overall visibility. The
Subcommittee further recommends the NPM to engage in outreach activities and other
events as appropriate.
44.
The Subcommittee also recommends elaborating and distributing further
materials on the NPM’s mandate and activities to personnel and detainees in the places
of deprivation of liberty, and to the civil society at large to increase the visibility of the
NPM as well as enhance understanding about its mandate.
45.
The Subcommittee further recommends that the NPM engage more directly and
independently with civil society organizations, including, at a minimum, through their
increased participation in NPM visits, internal trainings, and in dialogue with the
authorities.
IV.
Final recommendations
46.
In conclusion, the Subcommittee is aware that the national preventive
mechanism of Portugal is facing challenges regarding its institutional and structural
14
Article 13 of the Convention and article 20 of the Optional Protocol.
8