Guidebook FOOTNOTES FOOTNOTES Carver/Handley (eds), Does Torture Prevention Work? (Liverpool University Press 2016), pp 67ff (hereinafter Carver/Handley); Association for the Prevention of Torture (APT), 'Torture Prevention Works!' (2018) <https://apt.ch/en/torture-prevention-works/> accessed on 3 December 2019. 2 Carver/Handley, pp 67ff . 3 See below, Chapter 1 and Annex 1. 4 Lloyd-Cape, 'Inside Police Custody 2: An empirical study of suspects´ rights at the investigative stage of the criminal process in nine EU countries', (2018) (hereinafter LloydCape); see also below, Chapter 1. 5 UNGA, Principles Relating to the Status of National Institutions, Res 48/134 of 20 December 1993 (Paris Principles) (hereinafter The Paris Principles). See also Global Alliance of National Human Rights Institutions (GANHRI), General Observations of the Sub-Committee on Accreditation, adopted by the GANHRI Bureau at its Meeting on 21 February 2018, Geneva, G.O.1.2, Justification, para (ii), p 8 (hereinafter GAHNRI, SCA GO) . 6 De Beco/Murray, A Commentary on the Paris Principles on National Human Rights Institutions (2014), pp 93 and 100 (hereinafter De Beco/Murray, 2014). 7 For guidance for oversight mechanisms on how to develop a strategy see Ludwig Boltzmann Institute of Human Rights (BIM) and Human Rights Implementation Centre of the University of Bristol (HRIC), 'Enhancing Impact of National Preventive Mechanisms. Strengthening the follow-up on NPM recommendations in the EU: Strategic development, current practices and the way forward' (May 2015), p 88 (hereinafter BIM/HRIC, 2015). See also Moritz Birk and Walter Suntinger, ‘A systemic approach to human rights practice’, NWV 2019 or Stroh, Systems Thinking For Social Change, 2015. 8 UNDP/OHCHR, ‘Toolkit for collaboration with National Human Rights Institutions’ (2010), xiii. 9 UNDP/OHCHR, Toolkit, 2010, xiii. 10 Consultation Workshop, Budapest (February 2019). 11 The Paris Principles . 12 Kozma/Rachlew, 'Combating Torture During Police Custody and Pre-Trial Detention' (2018) (hereinafter Kozma/Rachlew). 13 Monina, 'Article 11: Review of Detention and Interrogation Rules' in Nowak/Birk/Monina (eds), The United Nations Convention Against Torture and its Optional Protocol: A Commentary (2nd edn, OUP 2019) (hereinafter Nowak/Birk/Monina) pp. 318ff. 14 See below, Annex 1. 15 e.g. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), ‘Access to a lawyer as a means of preventing ill-treatment: Extract from the 21st General Report of the CPT’ (2011) CPT/Inf(2011)28-part1 p 1 (hereinafter CPT, Access to a lawyer, 2011). See also CPT, ‘28th General Report of the CPT’ (2018) CPT/Inf(2019), p 30 (hereinafter CPT, ‘Annual Report 2018’, 2019), which also explicitly recalls the EU Directives at p 31. 16 Lloyd-Cape, p 17. 17 See European Commission, 'Report from the Commission to the European Parliament and the Council on the implementation of Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third person informed upon deprivation of liberty and to communicate with third persons and 1 130 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 with consular authorities while deprived of liberty' (2019) COM(2019) 560 final, p5 (hereinafter European Commission, COM (2019) 560 final). See EU Agency for Fundamental Rights (FRA), 'Rights in practice: access to a lawyer and procedural rights in criminal and EAW proceedings' (September 2019), pp 30 ff (hereinafter FRA, ‘Rights in practice’, 2019). GANHRI, SCA GO, G.O.1.2, 7. GANHRI, SCA GO, G.O. 1.2. e.g. Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), 'Analytical Assessment Tool for National Preventive Mechanisms' (2016) UN Doc CAT/OP/1/Rev.1 (hereinafter SPT, Assessment Tool, 2016). CRPD Committee, ‘Guidelines on independent monitoring frameworks and their participation in the work of the Committee on the Rights of Persons with Disabilities’ (2016) CRPD/C/1/Rev.1, Annex. See below, Annex 1. Mitsilegas, 'The Limits of Mutual Trust in Europe´s Area of Freedom, Security and Justice: From Automatic Inter-State Cooperation to the Slow Emergence of the Individual' in Yearbook of European Law, (2012) Vol.31 (1) pp 320 ff. (hereinafter Mitsilegas, The Limits of Mutual Trust, 2012). Art 82 ff. TFEU; see also, European Council, Tampere European Council Presidency Conclusions, 1999, para 33. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (EAW), OJ 2003/ L 109/1; Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (ToP), OJ 2008/L 327/27; Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgements and probation decisions with a view to the supervision of probation measures and alternative sanctions (PAS), [2008] OJ 2008/L 337/102; Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to pre-trial detention (ESO), OJ 2009/L 294/20. European Commission, Green Paper on Paper on the application of EU criminal justice legislation in the field of detention, COM (2011) 327 final, p 4 (hereinafter European Commission, COM (2011) 327 final). Council of the European Union, Programme of measures to implement the principle of mutual recognition of judicial decisions in criminal matters, OJ 2001 L C12/10, p 10. Paragraph 6 of the Programme also names freedom, democracy and the rule of law according to Art 3 TEU. See also Lenaerts, 'The Principle of mutual recognition in the Area of Freedom, Security and Justice' (2015) p 4 (hereinafter Lenaerts). Council of the European Union, Resolution of 30 November 2009 on a Roadmap for strengthening procedural rights of suspects or accused persons in criminal proceedings, OJ 2009/C 295/01 (4 December 2009), Rec.1, 2 (hereinafter Council of the European Union, OJ 2009/C 295/01); European Commission, COM (2011) 327 final, p 3. European Commission, COM (2011) 327, p 3. Council of the European Union, OJ 2009/C 295/01; European Council, The Stockholm Programme – An open and secure Europe serving and protecting citizens, OJ 2010/C 115/01. 131