uuObligations to inform management, staff and detainees in places of detention that reprisals are
explicitly prohibited by the Optional Protocol and, correspondingly, that the authorities shall
ensure absolute prohibition of reprisals.
uuDistribution of information about NPMs, including the absolute prohibition of reprisals, and
information on how to convey information to the NPMs in confidence.
Monitoring and follow-up of allegations of reprisals
NPMs should monitor cases of particular concern and follow them up, including through intensified
monitoring of places where reprisals have or are likely to have occurred. If appropriate, NPMs
should recommend and monitor the transfer of detainees or others at risk to other institutions. Followup activities by NPMs should include, as appropriate:
uucontacting and following up with family members;
uucollaborating with other actors, such as non-governmental organizations, in interventions and the
provision of assistance;
uusharing information with international monitoring bodies; and
uuproviding recommendations to the relevant authorities.
Each case of alleged reprisals should be:
uuanalysed, verified and followed-up by NPMs; and, if appropriate,
uubrought to the attention of the relevant authorities in an anonymous manner, unless the consent of
the detainee concerned is obtained.
NPMs should request the authorities to investigate allegations of reprisals through disciplinary or
criminal investigation and, if relevant,
uuvictims and witnesses should be protected, and where relevant, compensated;
uualleged perpetrators should be prosecuted and, when found guilty, punished appropriately.
Well-founded concerns about reprisals should be considered for inclusion in the reporting of NPMs
and give rise to a recommendation for the improvement of institutional practices, with a view to
protecting and compensating the victims and preventing recurrences.44
VI. Conduct of visits
Planning
NPMs should collect data and background information on all places of detention.45 They should
actively seek information on all places of detention, and archive all relevant information on places of
detention and the treatment of persons.
NPMs should establish transparent and clear criteria for selecting places of detention to be visited,
bearing in mind the following:
uuthat all places of detention be visited regularly;
uuthe type, size, security level, and nature of human rights concerns; and
uuthe need for inclusion of urgent and follow-up visits.
44
CAT/OP/1/Rev.1, paragraph 37 (f).
45
According to article 20(1), States parties to OPCAT undertake to grant to NPMs “access to all information concerning
the number of persons deprived of their liberty in places of detention […], as well as the number of places and their
location.”
24 I PREVENTING TORTURE: THE ROLE OF NATIONAL PREVENTIVE MECHANISMS – A PRACTICAL GUIDE
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