Part II: Tools for an effective follow-up and implementation
up and cross-sector learning. This would enable the sharing of good practice and strengthen consistency
across the various bodies that constitute the NPM.
2.5.2 Cooperation with the SPT
Cooperation between the SPT and NPMs is expressly promoted by the OPCAT and should be
considered a guiding principle of these bodies.
Procedures have been put in place by the SPT that aid cooperation and communication with NPMs,
such as the establishment of regional teams and a country focus for its members. It was considered
important by those we spoke to that these avenues for dialogue and exchange of information
should be used proactively by NPMs and the SPT members.
Similarly, to help establish and maintain a line of communication with the SPT research conducted
in the framework of this Project found that it would be useful for NPMs to establish a focal point
within their own organisation with responsibility for communicating with the SPT.
In the spirit of transparency and to assist the exchange of information NPMs should always send
their annual reports to the SPT.
In order to evaluate and strengthen their activities and working methodologies it was considered
important that NPMs consult guidance developed by the SPT such as the ‘Analytical self-assessment
tool’ and the Guidelines. Useful legal, policy and strategic guidance can also be found in the SPT’s
annual reports.
As a further tool in follow-up activities, many encouraged NPMs to encourage their respective state
to authorise publication of the SPT’s visit reports.
The OPCAT expressly envisages and promotes cooperation between NPMs and SPT.218 There are a number
of procedures and opportunities that can be used to aid the establishment of effective cooperation and
communication between the SPT and NPMs. First, the SPT has established regional teams and distributed
responsibility for countries between the SPT members. These regional teams act as focal points for NPMs
and other actors, and the identification of specific SPT members for each state party provides a useful
and direct point of contact that NPMs can use to make and maintain communication with the SPT. These
focal points can be useful for sharing information with the SPT generally and, if necessary, specifically
raising issues of concern in relation to the findings of the NPMs and any lack of cooperation with the
implementation of recommendations. Similarly, research conducted in the framework of this Project
found that it would be useful if NPMs considered establishing a focal point for contact with the SPT within
their own organisation to aid the process of cooperation and exchange of information with the SPT.
Under the OPCAT the SPT has a specific advisory role to play in relation to NPMs. As well as conducting
‘advisory visits’ to provide guidance on the effective functioning of NPMs, the SPT has developed a number
of tools to help guide and strengthen the preventive mandate and potential impact of NPMs. While these
do not tackle the issue of follow-up in any detail, the SPT’s ‘Analytical self-assessment tool’ includes a
number of provisions related to follow-up of NPM recommendations. For example it states that NPMs
should monitor and analyse their activities on an ongoing basis and apply any lessons learnt.
In the UK the SPT´s ‘Analytical self-Assessment tool’ was adapted and used as a basis for conducting a
survey on how recommendations are made and followed-up by the various members of the UK NPM.
The purpose of this survey was to review current approaches and to use this information to feed into
Arts 11(b), 20 (f) OPCAT.
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