Implementation of Duties and Powers of the National Preventive Mechanism in 2013
An exhaustive (final) report on the findings of each NPM’s visit to a particular institution was also
prepared in 2013. This report also includes proposals and recommendations for the elimination of
the identified irregularities and the improvement of conditions, including measures to reduce the
possibilities of improper treatment in the future. Moreover, in certain cases (especially in undertaking
visits to residential homes for the elderly and mental hospitals), a preliminary report is drafted.
Both the Ombudsman’s representatives and the representatives of the selected NGOs take part (some
of them zealously, while cooperation of others is quite modest) in the preparation of the final report on
the visits performed. Every person taking part in the visit, including NGO representatives, must prepare
a brief report on his/her own findings about the visit, together with proposals which are part of the final
report on the inspection performed.
The final report is submitted to the relevant authority (i.e. to the body in charge of the institution
visited), together with the proposal for the authority to, within the specified time limit, take a stand
on the statements and/or recommendations included in this report, and communicate them to the
Ombudsman.
An Ombudsman’s representative is generally responsible for the preparation of the final report, although
a representative of the selected NGO may also be appointed for its production (in 2013, it was Primus
that was responsible for the production of two final reports on visits). On the basis of the final report,
and the response of the competent body to this report and potential additional NPM’s standpoints, an
additional brief report on each visit is prepared and published on the official website.
The implementation of the NPM’s recommendations is a commitment of the State Party to the Optional
Protocol. Under Article 22 of the Optional Protocol, the competent authorities are obliged to examine
NPM’s recommendations and enter into a dialogue with it on possible implementation measures. The
performance achieved in implementing the recommendations in connection with NPM’s visits in 2013 is
presented below in the form of a synthesis of the NPM’s findings and recommendations and responses
by the competent authorities in a text about visits to individual institutions (this issue is partially also
presented in the Ombudsman’s 2013 regular annual report in the chapter on the restriction of personal
liberty and police procedures).
In 2013, the NPM was, in general, satisfied with the responses by the competent bodies (in particular
by the institutions visited) to the findings and recommendations to improve conditions, as these
bodies demonstrated willingness to cooperate. Moreover, it has in particular been established
that the institutions visited seek, within their capabilities, to adopt all measures for the necessary
improvements. In this context, the NPM strives for a deeper cooperation in terms of content with
competent ministries (for example, with the Ministry of Labour, Family and Social Affairs, Ministry of
Education, Science, Culture and Sport, Ministry of Justice and Ministry of Health), especially in cases
where systemic changes are required (for example, modifications of and amendments to legislation).
In 2013, the NPM members, in addition to visits, took part in other events, for example in several
international events (Belgrade – Serbia, Skopje – Macedonia and Moscow – Russia) where they presented
their activities and previous experience. They also attended the meeting organised by the Council of
Europe in Strasbourg (France) that focused on standards for the detention of foreign nationals. Moreover,
the NPM members organised and carried out visits of other NPMs (thus, they hosted the NPMs from
Georgia, the Czech Republic and Azerbaijan). The NPM simultaneously organised discussions with
representatives of individual State authorities (including ministries) and presented their activities in
this area on various occasions (for example, at the Police Academy in Tacen, the Faculty of Criminal
Justice and Security, press conferences, etc.). For all NPM members, including the participating NGOs,
the NPM organised a training course on dementia, and working meetings focusing on the aspects of
joint operation.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2013
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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