CAT/OP/PRT/2
dialogue procedure between the NPM and respective authorities. Further to making the
annual report public, the Subcommittee recommends that the report and the work of the NPM
should be discussed publicly and widely publicized.
32.
Following its detention visits, the Subcommittee is under the impression that some
officials in places of detention were not familiar with the recommendations of the NPM after
their institutions were visited by the NPM. Therefore, there needs to be greater awareness of
the reports of the mechanism and, especially, of the degree to which the recommendations
contained in the NPM reports are implemented.
33.
The Subcommittee recommends that the NPM enters into a continuous dialogue
with the relevant authorities as well as with other addressees of their recommendations,
with a view to implementing the NPM’s recommendations. Following the transmittal of
the NPM report, the mechanism should develop a strategy for following up on the
recommendations and using the report as a platform for dialogue with the authorities
of the place of detention visited as well as with the respective state or other authorities.
34.
The Subcommittee further recommends that the mechanism meet with the
relevant public authorities directly to discuss the implementation of its
recommendations, in accordance with article 22 of the Optional Protocol. Finally, the
mechanism should disseminate its annual reports, including by transmitting them to
the Subcommittee, for the purposes set out in the Optional Protocol.
Recommendations on visit methodology
35.
Preparation and conduction of visits: During the joint visits to Carregueira prison and
Navarro de Paiva Educational Centre for Juveniles the SPT was pleased to note how well
regarded the staff members of the Office of the Ombudsperson were by both the prison
authorities and detainees. They were observed to enjoy full access to all places of deprivation
of liberty within the prison and had access to all information concerning numbers of detainees
and conditions of detention.
36.
The Subcommittee noted that the visits were well prepared, the objectives were
identified in advance, and there was a clear plan how to conduct the visit. The initial and final
talks with the administration of the place of detention took place in well-structured and
conducive environment. Nevertheless, the NPM should dedicate more time on conducting
interviews with detainees rather than obtaining information from prison staff.
37.
Interviews: The Subcommittee observed that during the joint visit the members of the
NPM sometimes introduced themselves and were often perceived as representatives of the
Ombudsperson, because the latter is more widely recognized and better known institution.
This may lead to a confusion about the separate mandates of each institution, by both
detaining authorities and detainees. The Subcommittee also noted that the members of the
mechanism were not clearly identified as such and some of them did not systematically
introduce themselves to detainees as representatives from the national preventive mechanism
and at times did not explicitly explain their mandate more concretely (including by making
a clear distinction between activities and obligations of the NPM and those of the
Ombudsman). In addition, some “exchanges of information” with detainees were conducted
in the presence or in hearing distance of detention officers.
38.
The Subcommittee recommends that all members of the NPM, including external
experts, introduce themselves as representatives from the national preventive
mechanism. The Subcommittee is of the view that an appropriate and complete
presentation builds trust with the interviewees and facilitates communication and
information sharing. In addition, the visiting team should be clearly identified as the
national preventive mechanism, for example, by wearing badges or vests, and provide
an information leaflet to the authorities as well as to the detainees.
39.
Confidentiality and risk of reprisals: The Subcommittee reiterates that the location
where the individual interviews take place should be carefully chosen to ensure that the
content of the interview remains confidential and that the “do no harm” principle is applied,
without exception. The interviewers should also indicate that the interviewees can report any
reprisal they may face subsequent to the visit and encourage them to do so. If necessary,
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