recommendations
•
Interaction between judges and NPMs in relation to prison conditions on a national
level is mutually beneficial and should be increased. This engagement could be
through formal and informal channels, e.g. through information sharing,
dissemination of visiting reports, exchange of information regarding joint issues
of concern (particularly with regard to judges mandated to monitor detention
facilities.) While many felt during the course of the project that joint visits would be
inappropriate, sharing good practices and common challenges could be useful.
•
Increased awareness by judges of the existence of NPMs, their mandate and the
reports they produce. As currently awareness is not very well established and
relationships are rather weak more needs to be done to establish formal and
informal links between judges and NPMs, ideally through institutional exchange,
such as trainings and conferences, and ensuring that judges are made aware of the
visiting or annual reports.
•
NPMs should establish themselves as reliable sources, through the quality of their
reports and should ensure that reports, annual and visiting reports are made
available on their websites, and disseminated widely, including to judges and
judicial schools. NPMs could integrate RSS-feeds in the part of their website dealing
with reporting and invite focal points among the judiciary, judges and other
relevant stakeholders to subscribe to these feeds and thereby contribute to wider
dissemination.
•
The annual reports should be made available in English, or at a minimum, a
summary of the reports.
•
Trainings, particularly with regard to the functioning of the NPM mandate, but also
on other subjects regarding ill-treatment or torture prevention, can serve to
increase the NPM’s visibility. Trainings and discussions also give an opportunity for
NPMs to further explain the rationale behind the recommendations it makes and
to build a more cooperative relationship with relevant actors, such as prosecutors
and judge.
•
NPMs should develop a strategy for enhancing the engagement with the judiciary
for the prevention of ill-treatment, setting out the parameters of their respective
roles and the limits to engagement, and ensuring that independence and
confidentiality are always guaranteed. To this end, the question of attending court
or being compelled to attend court and give evidence could be explored, and the
scope of the information that can be provide outlined. The development of
guidelines could be supported by the SPT.
•
NPMs should strengthen their understanding of EU law to improve NPM awareness
of EU law as a prerequisite to comment on laws and generally play a more active
role in the implementation of EU law. NPMs could raise awareness of EU
instruments, and work with the media and the public in order to ensure that the
issues surrounding pre-trial detention, overcrowding, the risks to Article 3 ECHR, as
well as the benefits of alternatives to detention are understood. At the same time,
the EU should consult with a broad range of stakeholders, including the SPT, CPT,
and NPMs and ensure that relevant expertise is taken on board when elaborating
new legal instruments.
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