16
Establishment of the Parliamentary Ombudsman’s National Preventive Mechanism
Reports by the UN Special Rapporteur on Torture and
other Cruel, Inhuman and Degrading Treatment or
Punishment and the UN Working Group on Arbitrary
Detention are also useful for understanding the
prohibition against torture.
access to all relevant information about persons deprived
of their liberty, and information on places of detention
and their locations. The NPM also needs to have access
to all information regarding the treatment of persons
deprived of their liberty and the conditions under which
they live.
Integrated approach to prevention
The NPM bases its work on the principle that effective
prevention efforts require an integrated approach.10
The extent of torture and ill-treatment in places
of detention can be influenced by a range of factors,
including national legislation and the organisation of
institutions, existing control and supervisory bodies
and their practices, general attitudes in society, social
inequality, education and financial resources. This
impacts how the NPM works. Although visits constitute
the NPM’s most important tool, other methods for
influencing and promoting change are also being
developed. These are discussed further in the chapters
5-6 on national dialogue and international cooperation.
Visits to places of detention
The responsibilities of national preventive mechanisms
are described in article 19 of the Optional Protocol.
Regularly examining the treatment of persons deprived
of their liberty through visits to places of detention is
crucial.
In order to conduct preventive visits, the NPM requires
The Association for the Prevention of Torture (APT,
discussed further on page 33), has developed a set of
basic principles for visits to places of detention which the
NPM has found very useful and has adopted as the basis
for its visits.11 The principles are listed in Annex V.
During visits, the NPM may conduct private conversations with persons deprived of their liberty and others
the NPM considers relevant. Conversations with persons
deprived of their liberty are given particular priority, and
interpreters are used when necessary. It is unlawful to
punish or discriminate against persons or organisations
that speak with or send information to the NPM.
The NPM has a duty of confidentiality. Information that
may identify an individual is treated confidentially and
not used in a manner that could reveal the person’s
identity without consent. As a result, a methodological
challenge sometimes arises in describing situations
concerning just one person, or a very small group.
This difficulty has been discussed with experts, other
NPMs, members of the SPT and CPT, as well as the APT.
The NPM staff. From the left: senior adviser Kristina Baker Sole, senior adviser Knut Evensen, head of the NPM Helga Fastrup Ervik,
adviser Johannes Flisnes Nilsen and adviser Caroline Klæth Eriksen.
Norway’s National Preventive Mechanism – Annual Report 2014
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