punishment is the most serious human rights violations. They equally
destroy human dignity and body and soul. As the 2015 report shows,
there is an increased danger that such risks actually materialise,
especially when the available resources for placement and care are
inadequate and human rights obligations vis-à-vis vulnerable groups
are viewed as disposable. A state that respects human rights and
wishes to prevent torture, violence and degrading conditions must do
far more than merely keep the people in its custody alive. This is
particularly apparent when the resulting organisational and budgetary
challenges are great. A nation governed by the rule of law cannot
simply shake off the obligation to guarantee the protection of and
respect for human rights and human dignity – not even selectively. In
this sense, the inviolability of human dignity must be understood in the
most literal sense and the principle of the rule of law stands or falls
with it.
1.2.
Developments within the NPM in the reporting year
1.2.1.
Monitoring framework, methodology and
recommendations of the NPM
The year 2015 made it obvious that with increasing practical
experience, it is necessary to further develop and adapt the structures
and processes of the NPM. The “triangulation of methods” used by the
NPM refers to this process of cross-checking all information – not only
to ensure its accuracy, but particularly to identify certain patterns and
structural problems. In preparing a visit, each individual investigative
step that must be undertaken (e.g. interviews, access to medical
histories, enforcement plans, care concepts) is worked out in advance.
Equally, it must also be considered how circumstances that are
discovered during conversations can best be cross-checked.
Depending on usefulness and topic, the cross-check is undertaken by
way of subsequent control activities or a review of the provisional
results by way of other methods.
NPM states its
procedure proactively
on its website
As required by the SPT, the Austrian NPM sets out uniform methods
and standards for all of its activities in July 2015 in order to improve its
effectiveness. In a process that has taken more than a year, the AOB
and the commissions have taken fundamental decisions with regard
to monitoring framework, methodology and further action and have
also published them on the website (see Annex I). All the
recommendations made by the NPM between 2012 and 2014 have
also been published on the website (see Annex II). This document is
being updated regularly and provides some direction for the facilities
and institutions visited with regard to the criteria used to assess them.
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