DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
In that sense, most of them shall be directly made to the authority responsible for
the management of the place of deprivation of liberty (head of the facility) but
if the root cause of an issue lies elsewhere, recommendations shall be addressed
to the higher (or to several) level(s) of authority (administration or Ministry). A
separate report would be necessary for that purpose.
Furthermore, in case of emergency, communication with the higher level of authority
should be prioritised in order to avoid any risk of harm for the child who has
disclosed any sensitive or grave facts.
E. DISSEMINATION OF REPORTS
Over a first phase, the dissemination of the report may be delayed to give the
institution the opportunity to query some of the factual matters before publication.
This could facilitate the dialogue with the authorities and allow editing comments,
cross-checking information and investigating reported or alleged abuses. After a
given deadline and after all attempts have been made to agree to recommendations,
then the report may be made public. In that sense, a balance should be established
between the need for flexibility and the promotion of a constructive dialogue on the
one hand, and the necessity of transparency and accountability on the other hand.
Good practice suggests that analytical reports such as periodic and annual reports
should always be made public and therefore be easily accessible and widely
disseminated, notably to other stakeholders and in particular other monitoring
bodies and civil society organisations that can play an important role in emphasising
recommendations (advocacy).
When deemed appropriate, reports or key elements of reports may be communicated
to the media. It is worth mentioning that the monitoring body should pay special
attention to the formulation and content of the information communicated to the
media in order to avoid any sensationalism of the issues and, above all, to respect
the “do no harm principle” and the confidentiality of the sources.
It can also be useful to send the reports to international organisations such as
the CPT, the SPT, the CAT, the CRC, the Special Rapporteur Against Torture or the
Human Rights Commissioner of the CoE in order to orientate their further visits
and to relate to them recent and updated information.
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