Guidebook
4.
CONCLUSIONS
Choose your intervention strategically and make full use
of all the tools at your disposal
Some NHRIs replied that they had not undertaken any activities on the
rights of suspects and accused because they receive hardly any individual
complaints on these issues.
• NHRIs have a broad and multi-functional mandate and should conduct
a variety of activities to promote and protect the rights of suspects and
accused, spanning from research, training and education, to monitoring visits and complaint handling; from advising the State on the adoption of a new legal instrument to monitoring the practical application
of such laws in the domestic context.
• NHRIs should make full use of EU laws and procedures to promote and
protect human rights. EU law has become an important source of human rights standards and EU NHRIs should more strategically look into
the opportunities that EU laws and procedure offer to promote and
protect human rights.
• Further training on the use EU law instruments to promote and protect
the rights of suspects and accused in criminal proceedings would be
beneficial.
5.
Coordinate and cooperate with other domestic actors
to increase impact
Several NHRIs stated that they have not (yet) worked on the rights of suspects and accused because other bodies (eg, NPMs, Ombudsinstitutions
for children) exist in the national context, which are more suited to deal
with those issues.
• The breadth and flexibility of the mandate of NHRIs mean that they
could use it to reinforce and complement the work of others, for example by following up their recommendations or undertaking awareness
raising activities, such as training, education.
• Although this will always depend on the national context, our research
showed that there are a number of areas where the cooperation of an
NHRI in the field of procedural rights of suspects and accused may
bring a specific added value, including:
»» Promotion activities and public awareness
»» Training and capacity building
»» Drafting opinions on laws/draft laws
»» Monitoring places of detention, especially if no specialized monitoring body exists; but also in order to complement the work of
other specialised bodies or departments with OPCAT and CRPD
mandate, e.g. by conducting joint visits.
»» Participation before courts, e.g. appeals for constitutionality review
before constitutional courts, and third party interventions before
national, regional and international courts
These powers could be particularly useful to complement the work of
other domestic human rights bodies or departments within the same
organisation and can contribute to the strengthening of procedural
rights.
Moreover, although professional associations and lawyers have been
identified as a particularly strong partner in the promotion and protection of procedural safeguards, many NHRIs mentioned that cooperation is
often lacking or difficult.
• Initiatives facilitating exchange with professional associations and
NHRIs on procedural safeguards of suspects and accused can further
enhance the promotion and protection of those rights
• NHRIs are ideally placed to play a coordination role between the domestic actors, acting a bridge between the different actors involved in
the field.
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