Part I: Basis for an effective follow-up dialogue need not take place in secrecy. Thirdly, unlike the SPT and CPT who are bound by the principle of confidentiality and may not generally publish reports without the express consent of the state concerned, NPMs may publish reports and findings (whether in print or on-line), along with the response of the authorities, at will. This can benefit interested stakeholders, in particular the detainees in the respective institutions as well as civil society or the media. However, it was also recognised by the NPMs we consulted that in some circumstances this transparency needs to be balanced against the importance of initiating and maintaining a constructive dialogue and engendering trust with the authorities. The extent to which confidentiality should apply in such contexts raises some tensions. NPMs informed us that, for example, before publication of reports, an exchange with the authorities and the government might take place, with their replies consequently being published together with the NPM’s findings. This approach may provide the government or authorities a chance to respond, but might delay a report being placed in the public domain quickly. How NPMs deal with these challenges is outlined in more detail in Part II, Chapter 3. In any case, the identity and information of individual detainees always has to be protected to avoid reprisals and detainees have the right to confidentiality as regards the information provided. 3.4 Effectiveness Article 2 CAT stipulates that each state party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture. The CAT Committee, in its General Comment 2 on article 2 elaborates that such effective measures include ‘the need to establish impartial mechanisms for inspecting and visiting places of detention’.61 The principle of effectiveness is however also applicable to NPMs themselves, when working on their key objective to improve ‘the treatment and the conditions of the persons deprived of their liberty.’ The SPT states in this regard that the ‘effective operation of the NPM is a continuing obligation’62 and further clarifies that the ‘NPM should plan its work and its use of resources in such a way as to ensure that places of deprivation of liberty are visited in a manner and with sufficient frequency to make an effective contribution to the prevention torture and other cruel, inhuman or degrading treatment or punishment.’63 The OPCAT moreover stipulates criteria regarding the establishment of NPMs which can be seen as minimum conditions to reach this objective, i.e. through guarantees of independence and resources, the professional expertise and multidisciplinarity of staff and the powers it is to be granted. In applying this principle of effectiveness underlying the OPCAT, the NPM needs to employ appropriate tools to achieve tangible, concrete results in practise: Not only does the NPM’s planning of visits and visiting methodology need to be conceptualised to contribute to reaching the objective stipulated in OPCAT, but the same is applicable for the follow-up process. It is should be systematically and strategically geared towards maximising impact and effecting positive change in the life of persons deprived of their liberty. How this rationale can be used in the world of NPMs will be outlined in more detail in Part III below. 4. Reports, recommendations and information management systems NPMs consulted in the framework of this Project considered that effective follow-up to recommendations will require quality reports, as defined below, SMART recommendations and often also an adequate information management system (e.g. a database) as a basis for subsequent follow-up action. The importance of consistency and comparability within the NPM and across multibody NPMs were inter alia mentioned as guiding principles in this regard. While a detailed analysis of the current practices with regard to drafting reports and recommendations as well as establishing information management systems would go beyond the scope of the present Project, their importance as a basis for follow-up merits a discussion of particularly relevant aspects, including relevant practices of NPMs. CAT Committee, UN Doc CAT/C/GC/2. SPT, UN Doc CAT/OP/12/5, para 15. 63 Ibid para 34. 61 62 - 30 -