Establishment of the Parliamentary Ombudsman’s National Preventive Mechanism
Overview of ministries and subordinate agencies with responsibility for the places of detention affected by
the NPM’s prevention mandate
Ministries
Subordinate agencies
Ministry of Justice and Public Security
Directorate of Norwegian Correctional Service
Norwegian National Police Directorate
Ministry of Health and Care Services
Norwegian Directorate of Health
Ministry of Children, Equality and Social Inclusion
Norwegian Directorate for Children, Youth
and Family Affairs
Ministry of Defence
Norwegian Armed Forces
facilities. These supervisory bodies are an important
source of information on the situation at different places
of detention. From a prevention perspective, these bodies
are also important partners in the efforts to ensure that
the NPM’s work is as effective as possible. Information
on existing supervisory mechanisms is important in
setting the correct priorities for visits by the NPM.
Work methods
Legal basis
The prevention mandate is based on the Optional
Protocol to the Convention against Torture (OPCAT),
and aims to prevent breaches of the prohibition against
torture and other cruel, inhuman or degrading treatment
or punishment as set out in the UN Convention against
Torture.
Other international human rights standards, national
regulations and case law that are relevant for the
preventive mandate, include:
• International legal instruments such as the UN
International Covenant on Civil and Political Rights,
the UN Convention on the Rights of the Child, the UN
Convention on the Rights of Persons with Disabilities,
the UN International Convention on the Elimination
of All Forms of Racial Discrimination and the UN
Convention on the Elimination of All Forms of
Discrimination against Women.
• Regional regulations such as the European Convention
on Human Rights, the European Convention for the
Prevention of Torture and Inhuman or Degrading
Treatment or Punishment and the European Prison
Rules.
• Relevant UN declarations, resolutions, rules and
principles, including the UN Standard Minimum
Rules for the Treatment of Prisoners, the UN Code
of Conduct for Law Enforcement Officials, the UN
Standard Minimum Rules for the Administration of
Juvenile Justice, the UN Body of Principles for the
Protection of All Persons under Any Form of Detention
or Imprisonment and the UN Rules for the Treatment
of Female Prisoners and Non-Custodial Measures for
Women Offenders (the Bangkok Rules).
• Relevant case law, standards and general comments
of supervisory bodies such as the UN Committee
against Torture (CAT), the UN Committee on the
Rights of the Child, the European Committee for the
Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT) and the UN
Subcommittee on Prevention of Torture and other
Cruel, Inhuman or Degrading Treatment or
Punishment (SPT).
• National legislation like the Execution of Sentences
Act, the Patient and User Rights Act, the Specialist
Health Services Act, the Mental Health Care Act and
other relevant laws.
• The case law of the Norwegian courts and the
European Court of Human Rights (ECtHR).
7. See footnote 2, article 4.
8. Report of the inter-ministerial working group established to evaluate the consequences of Norway’s potential ratification of the Optional Protocol to the
Convention against Torture, consultation paper, www.regjeringen.no/nb/dokumenter/horingsnotat/id686354/ (Norwegian only).
9. As regards places of detention relevant to persons with developmental disabilities, the figures are very uncertain, not least because many persons in
this category live in private homes or shared housing. The NPM has not yet begun visiting such places, and has therefore not completed a survey of this
particular field.
Norway’s National Preventive Mechanism – Annual Report 2014
15
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