Part II: Tools for an effective follow-up and implementation 1.10 National action plans and state reports to international bodies The process of developing National Action Plans (NAPs) on human rights as well as the reporting to international bodies such as the CAT Committee and the Universal Periodic Review (UPR) is a good opportunity for a strategic involvement of NPMs. However, so far only very few NPMs appear to have used these processes as an opportunity to strengthen follow-up and implementation of their recommendations. It is thus advisable for NPMs to be closely involved in the development of NAPs and the international state reporting processes. This may not only help to present its recommendations and promote their implementation on a strategic level but can also be used for the monitoring and evaluation of the goals set for the prevention of torture and other ill-treatment on a national level. At the same time the NPM needs to ensure a professional distance and maintain an independent position towards the state. The development of NAPs on human rights is a useful process for the state to define strategic policies on human rights, including the prevention of torture and other ill-treatment, developing concrete actions and evaluation tools. It is recommended by the UN that a NAP should be developed in an inclusive and participatory manner, including with the close involvement of NHRIs.182 NPMs should emphasise this recommendation to ensure their meaningful inclusion in the process and use this opportunity to present their findings and recommendations. Some countries in the EU have developed NAPs on human rights. In Croatia, the Ombudsman submitted comments to the NAP, with the NPM commenting on the part that concerns persons deprived of their liberty. The NAP was described to be a useful tool to refer to when conducting visits and entering into a dialogue on implementation. In Austria, the process of developing the NAP is coordinated by the Ombuds institution. However, the members of the NPM conducting the visits (visiting commissions) have so far not been included in the process. In Estonia, there is no general NAP on human rights but several thematic development plans have been developed. The NPM was consulted in the drafting process and invited to comment, i.e. regarding the Development Plan for Children and Families, and the Development Plan for Prevention of Crime and for Criminal Policy.183 Moreover, the Estonian NPM has been consulted in the process of preparing reports to international organisations, e.g. the state report to the CAT. There is no clear policy about how far it can and should participate in the preparation of a state report. Consequently it has expressed the need for guidance from the SPT in this regard. The authors of this Study would recommend that NPMs play a key role in the development on NAPs concerning the measures for torture prevention taking into account their specific first-hand knowledge and expertise and advocate for an overall inclusive and participatory process. The NAP can then be used as a reference in the follow-up process to monitor and promote the implementation of NPM recommendations. Moreover, the process of developing a state report to treaty bodies and the UPR provide a good opportunity for NPMs to give their expert input and promote the implementation of its recommendations. In so doing, however, they should maintain their professional distance and independent position towards the state. Some NPMs regularly give their input into the relevant treaty body reporting process – especially as concerns the CAT Committee. The authors of this Study consider that this is another good means by which NPMs can promote their recommendations at the national and international levels. OHCHR ‘Handbook on National Human Rights Plans of Action, Professional Training Series No. 10’ (2012). Estonia, Ministry of Justice, ‘Guidelines for Development of Criminal Policy Until 2018’ <http://www.just.ee/sites/www. just.ee/files/guidelines_for_development_of_criminal_policy_until_2018.pdf>. 182 183 - 64 -