All three countries have also ratified OPCAT and are at various stages in the process
of designating or creating NPMs. The OSCE has been involved in these developments
to a varying degree in each of these countries.
In Armenia and Georgia, both ODIHR and the OSCE field operations have for a
number of years been assisting in the creation and development of independent
public-controlled monitoring bodies for places of deprivation of liberty. Subsequent
activities connected to the implementation of OPCAT and the NPMs are thus a
natural continuation of this earlier work.
In one country, Armenia, the OSCE field operation has assisted in establishing public
boards for police and prison monitoring and organized training on human rights
standards and report writing for board members, police and penitentiary staff. The
field operation has sought to promote the use of these boards’ capacity, in addition to
the Office of the Ombudsman and civil society, in any NPM. In 2008, amendments to
the country’s law related to the office of Ombudsman were adopted and the Office
was designated as the NPM. Discussions on the mode of operation of the NPM,
involving non-government, state and international actors, are ongoing. The OSCE
field operation also supported the holding of conferences and meetings to provide
expert advice on best practices for the implementation of OPCAT and the functioning
of the NPM. In Georgia, an inter-agency council was created by the President and
tasked with identifying a draft model NPM. The OSCE mission was represented on
the council, along with other international organizations and NGOs.
Different strategies in torture prevention included the creation in Georgia of a
governmental National Action Plan against Torture, the elaboration and
implementation of which the field office there supported. This was described by the
operation as a good catalyst for the ratification of OPCAT. In the view of the field
operation, support for anti-torture activities carried out within the framework of this
plan has helped generate progress in combating torture at police stations and
improving conditions of detention in police cells. In another country, Armenia,
hotlines were created for the public to seek advice in pursuing claims of torture.
Azerbaijan, meanwhile, ratified OPCAT in January 2009 and designated its
Commissioner for Human Rights, an Ombudsman institution, as the NPM. The field
office reported that some detention monitoring is already being carried out at the
national level, although it is neither comprehensive nor adequately funded. A public
committee exists, encompassing NGOs that have a mandate to visit any penitentiary
institution under the jurisdiction of the Ministry of Justice, including remand
facilities. As this body was created under the Ministry of Justice, its remit does not
include other places of deprivation of liberty, such as those under the Interior Ministry
or others. Over the past three years, however, a number of national NGOs managed to
visit places of deprivation of liberty under the jurisdiction of the Interior Ministry and
the Ministry of National Security.
In the context of advising the Government on the implementation of OPCAT and the
creation of an NPM, and its legislative basis in particular, the field operation outlined
the need for a monitoring body with a mandate to visit all places of deprivation of
liberty, incorporating civil society expertise and fulfilling other OPCAT criteria. The
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