Although the challenges are well-known and reform needs have been identified, implementation is
lagging behind and many countries continue to face the same issues. Thus, there remains an urgent
need to tackle this implementation gap.
Objective
Based on the above considerations, this project has been developed and implemented with two key
questions in mind: WHAT can be done to support the practical implementation of reforms? HOW
can this best be done, for example, which methods and tools make work on strengthening procedural
rights more effective?
In a nutshell, the project recognises that while change has to be evidence-based and offer practical
solutions, law and research evidence alone do not create change. Recognising that you cannot force
change upon a system, but change has to happen from within, it requires multiple actors to play a role,
including those within the criminal system as well as civil society.
In order to contribute to this debate, the project focused on three main avenues:
1. Elaboration of and exchange on promising practices
2. Engaging key criminal justice stakeholders in broad discussions about effective strategies and
reform efforts
3. Involving and fostering exchange between civil society organisations
All contributed to the overall project goal to strengthen the implementation of procedural rights in
police custody.
The collection of promising practices was the back-bone of the project and aimed to: provide the
necessary degree of technical specificity to inspire and guide stakeholders from other countries; reflect
upon how reform efforts and promising practices came about; identify lessons learnt.
In this light, we believe that the project is innovative in two ways: first, it takes a constructive approach
focusing on “promising practices” rather than on a detailed analysis of the challenges; second, it tackles
not only the substance of promising practices (‘what’) but also reform processes, engaging itself with
the question how to best initiate and achieve change. In fact, while a wide literature exists on challenges
and general recommendations for change, very few attempts have been made to study how human
rights reform happens. Yet, considering the ever growing implementation gap between international
standards and national practice, this project saw the importance of starting this conversation.
Methodology
The project was based on a systemic approach with a view to creating sustainable change in the area
of the rights of suspected and accused persons (see below, § 2.1.1). Its methodology built on tools and
instruments from strategic development and consulting (such as the ‘’Change Formula” see more
below, § 2.1.2), change management and ‘Theory of Change’ approaches (see below, § 2.1.3).6 These
6. The application of the principles of the systemic approach in enhancing the implementation of human rights were already discussed in
previous projects of the Ludwig Boltzmann Institute of Fundamental and Human Rights, namely the EU Project ‘Strengthening the effective
implementation and follow-up of recommendations by torture monitoring bodies in the European Union’ (2014-2015) <https://gmr.lbg.
ac.at/completed-projects-since-2004/eu-strengthening-the-effective-implementation-and-follow-up-of-recommendations-by-torturemonitoring-bodies-in-the-european-union/?lang=en>; and the EU Project ‘Improving Judicial Cooperation Across the EU Through
Harmonised Detention Standards – The Role of National Preventive Mechanisms’ (2019-2021) <https://gmr.lbg.ac.at/completedprojects-since-2004/improving-judicial-cooperation-across-the-eu-through-harmonised-detention-standards-the-role-of-nationalpreventive-mechanisms/?lang=en >, which, inter alia, resulted in the publication of Walter Suntinger and Moritz Birk, ‘Systemic Thinking
in Preventive Human Rights Monitoring: A Dossier for National Preventive Mechanisms‘ (Ludwig Boltzmann Institute of Fundamental and
Human Rights 2021) <https://gmr.lbg.ac.at/wp-content/uploads/sites/12/2021/05/dossier_-_systemic_thinking_-_lbi_gmr.pdf>.
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