Guidebook
THE MANDATE AND ROLE OF THE NATIONAL HUMAN RIGHTS INSTITUTIONS
A detailed analysis of such methods would go beyond the scope of this
research, but in the course of this project several ways of cooperation were
mentioned, including:
»» Establishment of working groups and conducting regular meetings
»» Exchange of the respecting findings
»» Access to the same information management system (e.g. Slovenia
and Portugal)
»» Joint activities, e.g. joint visits, joint complaints handling.
With academia:
Netherlands
The Dutch NHRI Institute cooperated with the Leiden University to
draft its legislative position on persons with a disability in the criminal
procedure. 275
With NGOs:
Finland
In Finland the Parliamentary Ombudsman is also the NPM and that accordingly the complaints handling and the work of the NPM are automatically
combined. Further, ‘[if], during a visit, something has arisen that needed
investigating, the Ombudsman has taken up the investigation of the
matter on his/her own initiative for further action.’270 The same was reported to be the case with the monitoring mandate under the CRPD. 271
Croatia
In Croatia the Ombudsman, within its OPCAT mandate, can involve other
domestic human rights bodies in its activities, and has done so by
conducting joint visits with representatives of the Ombuds on Children
and for Persons with Disabilities. 272 This is seen as a way to avoid possible overlaps and better assess the rights of children and persons in a
situation of vulnerability.
2.6.
The Polish NHRI cooperated with the Helsinki Foundation for Human
Rights for the preparation of an alternative Letter of Rights for suspects
and accused. 276
Slovenia and Lithuania
Further, some NPMs often involve NGOs representatives in their monitoring visits, including in the drafting of their visiting reports277
With lawyers:
Croatia
The Croatian NHRI cooperated with lawyers in the form of joint
training. 278
The role of NHRIs vis-à-vis civil society
As mentioned above, NHRIs are explicitly mandated to cooperate with other national actors, including not only other specialised bodies, but also civil
society and non-governmental organizations.273 Relevant actors in the field
of procedural rights may be, for example, NGOs, academia, professional
associations including lawyers, doctors, and translators.274 In practice,
civil society often complements the expertise of the NHRIs.
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Poland
More generally, civil society also represents an important source of information for NHRIs. Practices in this regard were fewer and NHRIs mentioned
several challenges, including for example the fact that reports by NGOs
may not always be evidence based. 279 But many NHRIs have recognised
that civil society represent an important source of practical information and
expressed willingness to cooperate more. Lawyers have been identified as
a particularly strong partner in the promotion and protection of procedural safeguards but many NHRIs mentioned that lawyers are often very
difficult to reach.280 One interesting case of cooperation with lawyers
comes from the practice of the Spanish NPM.
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