Part II: Tools for an effective follow-up and implementation
establishment of a two-step procedure will require reflections on its purpose and execution, including the
internal reporting methodology.
Surveys assessing the scope of a problem
It is common among NPMs to request additional information after a visit, mostly in order to draft the
report and recommendations. Some NPMs have furthermore used targeted thematic surveys among the
detainee population to receive additional information about certain issues.
For example the HMIP in the UK a detainee survey is a fundamental part of an inspection. Typically visits
undertaken by the HMIP take two weeks. The first week involves the completion of the ‘Inspectorate
survey’. Members of the research team conduct a survey of a representative proportion of the detainee
population, which is a key source of evidence, gathering detainee perceptions. Participants are chosen at
random across all wings/units of the establishment. The survey is confidential and anonymous. Researchers
talk to each selected detainee to explain the purpose of the survey, and go back to each cell to collect
the survey later that day or the following morning. Distribution and collection of the survey takes up
to two days.150 The results of the survey are not only helpful in making comparisons between detainee
responses from the inspected establishment and the collective responses from detainees held in similar
establishments, but also as part of a follow-up procedure to monitor current responses and those gathered
at the last inspection, alongside a breakdown of responses by protected characteristics.151 The surveys
are regarded as an essential part of ‘the triangulated evidence base for inspection and provide a robust
and representative ‘customer’ view of the treatment and conditions in custodial establishments.152 The
questions that form part of the survey are based on published inspection criteria known as ‘Expectations’.153
The Austrian NPM uses surveys among the authorities as part of its follow-up process: After the
identification of re-occurring problems in detention, it starts an in-depth inquiry on the systemic dimension
of the problem, collecting information from its own NPM reports and requesting the authorities to provide
detailed information and data. This information has been vital in order to jointly develop step-by-step
plans for the implementation of recommendations.
Thematic reports and circulars to increase the awareness of systemic issues
The written dialogue beyond the communication of the visiting report may not only help the NPM but also
the authorities to receive additional information. A few NPMs use additional ways to inform the authorities
about specific issues, e.g. through thematic reports and recommendations that create a good basis for a
targeted dialogue on specific issues. In Bulgaria, for example, thematic reports have been used as a tool
to react to emerging problems, such as to focus on the worsening situation of Syrian refugees in Bulgaria
and children held in closed institutions. In these instances, issuing thematic reports was considered to
contribute to achieving better impact and to enable the NPM to reach a wider audience as it provided a
way to explain clearly the issues involved to the media and general public.
The Swedish NPM has also prepared a special analysis on substance abuse and presented the findings to
the responsible authority. The NPM can also hand over specific thematic issues that arises at an institution
to other specialised monitoring bodies. For instance, following questions surrounding inter alia the handing
out of medication to persons in an arrest facility in Stockholm visited by the Swedish NPM, it included the
Swedish Health and Social Care Inspectorate in the list of recipients of the report. The inspectorate then
conducted a follow-up inspection to the facility some months later. It emphasised that the approach
constituted a good basis for dialogue as well as for developing future plans.
UK, HMIP, Inspection Framework (2014) paras 3.11-14.
Ibid para 3.12.
152
Ibid para 3.14.
153
Ibid paras 2.21- 25 and 3.14.
150
151
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