National Preventive Mechanism
4.4
Further action
The visit reports conclude with a human rights-based assessment, which
contains a recommendation directed towards the AOB on what action should
be taken, as well as more detailed remarks. The commissions can additionally
suggest that further investigations across multiple institutions and facilities
be undertaken by the AOB. To the extent that it is not clear from the visit
report that no further action is needed, the AOB approaches the highest
body which is responsible for the supervision and operation of the facility
and, if appropriate, also the owner and/or operator of the facility, with the
observations of the commission (consultation proceeding or confrontation
proceeding). The heads of the commission are kept informed on an ongoing
basis.
Recommendation in
accordance with Article
148c of the Austrian
Federal Constitution
After the investigation has been concluded, the final assessment (evaluation)
is sent to the highest responsible body. It can contain suggestions on how
to remedy the deficiencies that were found or how to implement preventive
measures. Upon recommendation by the head of the commission or by the
AOB, a “recommendation in accordance with Article 148c of the Austrian
Federal Constitution” is jointly drafted in some cases or prompted by such
case. In addition to a brief and anonymised description of the case and/or
any observed maladministration and/or the human rights-based assessment,
this recommendation contains a summary, which defines the human rights
standard that was applied and indicates which measures should be taken by
the responsible state authorities.
Subsequently, the draft recommendations are submitted to the Human Rights
Advisory Council and after it has dealt with them in an advisory capacity,
they are sent to the supreme administrative bodies. The addressee of the
recommendation is obligated to comply with it within a period of eight weeks
and to notify the AOB thereof or to provide reasons in written form why the
recommendation was not implemented. The disclosures on the website must
contain this statement; if need be, in abridged form.
Binding content after
adoption of the
recommendation
98
To the extent that the owners and/or operators of the monitored institutions
are not local or regional authorities, their management bodies are informed
in a suitable way of the NPM’s assessment, with Article 148c of the Austrian
Federal Constitution being applied mutatis mutandis, and their competent
state supervisory authority being notified. Once the recommendation has been
adopted, its content is binding for the NPM (guiding principle). During followup visits, it must be ensured that the recommendation is complied with. On
one hand, the guiding principles should help the commissions in preparing
follow-up visits. On the other hand, they can be of assistance when generating
visit reports. Thus, they not only identify human rights violations but also
address the preventive character of the mandate.
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