Guidebook What do we mean by strengthening procedural rights? METHODOLOGY According to the Paris Principles, NHRIs can conduct several activities to protect and promote human rights. The SCA interprets the term ‘promotion’ to include those ‘functions which seek to create a society where human rights are more broadly understood and respected. Such functions may include education, training, advising, public outreach and advocacy’; and the term ‘protection’ as those ‘functions … that address and seek to prevent actual human rights violations. Such functions include monitoring, inquiring, investigating and reporting on human rights violations, and may include individual complaint handling.’19 The mandate of NHRIs under the Paris Principles is further clarified by the SCA, which states that ‘NHRI’s mandate should be interpreted in a broad, liberal and purposive manner to promote a progressive definition of human rights which includes all rights set out in international, regional and domestic instruments, including economic, social and cultural rights.’20 The project began in March 2018 with a desk research phase that involved the analysis of the relevant legal instruments, policies and practices on procedural rights of suspects and accused across the EU and their application by NHRIs. Specifically, at the outset all project partners conducted pilot interviews with stakeholders in their respective countries, namely Austria, Hungary, Poland and Slovenia. On this basis, the project team prepared a survey to which all EU NHRIs and equivalent bodies were invited to reply. The survey consisted of questions regarding the NHRIs’ practice in the light of the procedural rights provided by the EU instruments. Out of the 26 institutions invited, 15 participated in the project survey (see Annex 6). 12 of them are NHRIs accredited by the SCA, 2 of them are equivalent bodies not yet accredited, and 1 is an NPM, which was chosen because no NHRI/equivalent bodies exist in the country. In addition, interviews were conducted with representatives of NHRIs, civil society organisations and international experts (see below, Annex 4). Within the framework of the project several consultations took place, namely an International Consultation Workshop in Budapest (February 2019); National Workshops in all project partners’ countries, i.e., Austria, Hungary, Poland and Slovenia (May/June 2019); and a Final Conference in Vienna (24 October 2019) (see Annex 5). Under Article 19 OPCAT, NPMs are mandated to monitor places where persons are deprived of their liberty, to make recommendations to the relevant authorities and to submit proposals and observations concerning laws to prevent torture and other forms of ill-treatment. Similarly, under Article 22(2) CRPD independent mechanisms should promote, protect and monitor the implementation of the rights under the CRPD. Although broadly overlapping, the wordings promotion and protection are used in different ways by the Paris Principles, the OPCAT21 and the CPRD.22 Being targeted to all NHRIs, including those with specialised mandates, this Guidebook does not apply a strict categorisation of the wording promotion and protection. It rather starts with addressing general ways to promote change as these activities can be pursued by all NHRIs, and continues with examining the specific functions of monitoring places of detention as well as complaints handling and participation in court proceedings. 16 TERMINOLOGY / METHODOLOGY The Guidebook is structured in two parts. The First Part gives an outline of the general principles. It includes an overview of selected procedural rights, especially in the light of EU law (Chapter 1) and a chapter on the mandate and role of NHRIs (Chapter 2). The Second Part deals with tools that NHRIs can use to strengthen the procedural rights of suspects and accused in criminal proceedings. This Part of the Guidebook aims to give practical guidance on how procedural rights could be strengthened by different Ways to promote change (Chapter 3), Monitoring places of detention (Chapter 4) and Complaints handling and Participation in court proceedings (Chapter 5). The Annexes include an overview of the existing EU instruments (Annex 1) and composition and mandates of the EU NHRIs (Annex 2 and 3). 17