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the circumstances under which they operate, and the identification of the
systemic factors causing the problems.
• It leads to a realistic understanding of what to expect from individual
persons operating in a system that strongly defines their behaviour.
• It helps to elaborate recommendations that focus on the systemic risk
factors which are relevant for coming to grips with a particular problem
and – if implemented – can create sustainable impact.
In fighting impunity for torture, this highlights the need to complement
the demand for individual responsibility of perpetrators with an analysis
of the systemic and organizational factors, including leadership failures
and cultural patterns, which tend to make these cases possible. This also
guards against the frequently used theory of “rotten” apples which is
used by political leaders to fend off responsibility for their contributions
to the occurrences of torture.36
Questions for monitors
•
• To which extent do you explicitly take into account the particular
role that prison staff and management play?
• How can you better understand in which way the behaviour of prison
staff and management is strongly influenced by systemic factors?
• How does this understanding affect your attitude towards and
communication with prison staff and management?
• How is this understanding integrated in your analysis and
recommendations?
• How can this understanding be integrated in the follow-up strategy?
• In which way does your NPM include relevant skills in training
programmes for monitors?
Understanding of the relevance of roles for explaining behaviour
(using insights from psychology/sociology)
Identification of systemic failures instead of attributing problems
to personal deficits(“fundamental attribution error”)
36. Ibid.
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