Part II: Tools for an effective follow-up and implementation
discussions on how to strengthen the impact of their work.219 Similar exercises, using the self-assessment
tool as a starting point, could be undertaken by NPMs in other countries in order to inform their approach
to follow-up.
While the general statements and recommendations in the ‘Analytical self-assessment tool’ are useful
in emphasising the need for a follow-up strategy, a number of NPMs consulted under this Project
recommended that the SPT could consider developing more specific guidance for NPMs on follow-up and
assessing implementation.
The SPT also encourages NPMs to submit annual reports, which are subsequently posted on the SPT’s
website. As well as supporting the principle of transparency, submitting an annual report to the SPT can
offer an additional avenue for NPMs to publicise their work, findings and recommendations, provided that
such information is included in the annual report. Depending on the number of visit reports produced by
the NPM, these can also be submitted to the SPT for their information. Indeed, the SPT informed us that
it examines all reports it receives and provides feedback to NPMs. However, if the number of reports
produced is large then strategic choices will have to be made to avoid flooding the SPT with information
and ensure that any information shared is relevant, useful and for a purpose.
Prior to a visit by the SPT to a state party the NPM concerned should share a range of information with
the SPT, including of course its recommendations and any data on the status of implementation. The
SPT can subsequently use this information to inform its own visit, for example by deciding which places
of detention to visit or any particular issues to focus on, as well as of course using the visit to discuss the
recommendations and implementation measures with the NPM and relevant authorities directly.
In relation to the SPT’s own recommendations, the SPT Guidelines expressly state that NPMs should ‘[…]
actively seek to follow-up on the implementation of any recommendations which the SPT has made in
relation to the country in question, liaising with the SPT when doing so.’220 Therefore it is envisaged that
the relationship between the SPT and NPMs should be collaborative and mutually reinforcing. However,
the extent to which NPMs can follow-up on the SPT’s own recommendations will depend on whether
the state party concerned has agreed for these to be made public. As NPMs are not under any similar
principle of confidentiality with respect to their own recommendations, there is greater opportunity for
the SPT to assist the process of follow-up on the NPM recommendations and we have been informed that
there have been occasions on which NPMs have approached the SPT for assistance in implementing the
formers’ recommendations.221 Moreover, the Guidelines of the SPT are currently being discussed in view
of strengthening the guidance on follow-up processes.
2.5.3 Cooperation with the CPT
While the CPT is not explicitly mandated to support NPMs, the CPT’s work can be useful for the
follow-up to NPM recommendations in several ways. A CPT visit can be used to support the NPM
and its recommendations, for example by organising joint meetings with the authorities and the CPT
raising the NPM’s concern with the authorities or in the visit report. Moreover, the NPM can use the
CPT’s reports and standards to strengthen their own recommendations and their implementation.
NPMs can furthermore get in contact with the CPT’s respective desk officers for guidance, although
this possibility has hardly been used in the past. However, the need for a closer cooperation with
the CPT was expressed by several NPMs and the establishment of a direct and permanent line of
communication was proposed, e.g. through telephone.
For details of the UK’s methodology in applying the self-assessment tool in practice see UK, NPM, ‘Self-assessment of the
UK NPM’ (2015).
220
SPT, UN Doc CAT/OP/12/5, para 38.
221
Comments provided by Mari Amos, April 2015.
219
- 76 -
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents