Part II: Tools for an effective follow-up and implementation
recommendations. Some NPMs seemed to deliberately maintain professional distance to ensure their
independence. There is still a need for a substantive discussion on how different organisations can
contribute to follow-up.
Cooperation with professional organisations, research institutions and academia
Civil society is understood to encompass not only NGOs but also a whole range of other civil society
actors, including professional organisations, such as medical and bar associations, research institutes and
universities, that have been identified as having the potential to play a useful role to support the NPM as
it monitors the implementation of its recommendations.
Some NPMs already maintain good contacts with such organisations. For example the French NPM has
signed a number of Memoranda and Agreements with existing institutions over the years, including the
Defender of Rights, the National Commission on Information Technology and Liberties and the National
Council of Doctors. In addition, contacts with professional unions and bar associations are regularly
maintained and further developed. Through these contacts the NPM obtains useful information and
can furthermore explain its recommendations. The Estonian NPM also meets the bar association once
a year to discuss different topics related to the NPM’s mandate (e.g. about state legal aid to persons in
psychiatric care). The Slovenian Ombudsman holds talks with representatives of professional unions in
the framework of visits in order to hear about their concerns. Moreover, in the past they have addressed a
question of treatment to the Extended Professional Board for Psychiatry and received an answer that was
used to specify the NPM’s position.
The German NPM noted that it has had positive experiences cooperating with researchers, e.g. in the
field of juvenile detention, to exchange opinions and also received support on commenting on and
interpreting legislation. A recent expert conference on human rights in detention carried out with the
Centre for Criminology has brought to light common interests and a potential for increasing cooperation.
According to the German NPM, also a strengthening of cooperation with the German Bar Association and
the General Medical Council is seen as useful and worth exploring.
In Austria, the coordinators of two visiting commissions of the NPM have their offices located within the
Ludwig Boltzmann Institute of Human Rights, allowing for the permanent contact and communication
with other torture prevention experts.210
Institutionalised cooperation with civil society
The Hungarian Ombudsman is legally obliged to ‘cooperate with organisations and national institutions
aiming at the promotion of the protection of fundamental rights’.211 Thus, with the designation as the
NPM it has also established a Civil Consultative Body (CCB) to assist it in carrying out its duties.212 The
CCB is composed only of civil society, i.e. of four professional organisations (Medical Chamber, Psychiatric
Association, Dietetic Association, Bar Association) and four selected NGOs aimed at protecting the rights
of persons deprived of their liberty. They meet at least twice a year and have the mandate to suggest
inspection priorities, visits, the involvement of external experts and comment on the working methods,
reports, materials and publications as well as the training plan of the NPM.213 Although the recently
established CCB has not yet done it, it would in principle also be possible to deal with issues of follow-up
to recommendations.
For more information see <http://bim.lbg.ac.at/en/assistance-commissions-austrian-ombudsmen-board-officecommission-4-and-5>.
211
Hungary, Act on the Commissioner for Fundamental Rights, section 2(5).
212
Hungary, Commissioner for Fundamental Rights, Directive 3/2014 of the Commissioner for Fundamental Rights on the
establishment and rules of procedure of the Civil Consultative Body assisting the National Preventive Mechanism in
carrying out its duties.
213
See Hungary, Civil Consultative Body Directive, section 6.
210
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