General Report of the CPT, 2011-2012
Types of NPMs and key requirements
31. From the observation of NPMs already operating within Europe, three
main models can be identified:
• Ombudsman/Ombudsman plus: in countries following this approach
(e.g. Albania, Estonia, Georgia, Spain), the pre-existing functions of the
Ombudsman institution are extended to encompass the NPM mandate.
In certain countries (e.g. Republic of Moldova, Slovenia), the NPM
mandate is carried out by the Ombudsman office together with civil
society actors (NGOs).
• Stand-alone single body model: that is the establishment of a specific
body exclusively devoted to carrying out the NPM mandate. Examples of
this approach are the mechanisms established in France, Liechtenstein
and Switzerland.
• Multi-body model: in certain countries (e.g., the Netherlands and the
United Kingdom), several existing inspectorates and/or specialised
independent institutions have been jointly designated as the NPM, with
one institution having a coordinating role.
32. NPM structures inevitably reflect the specific characteristics of each
country, which no doubt explains why they are often quite different in terms of
organisational make-up, budgetary means, and even powers and competences.
It is certainly not for the CPT to promote one particular model over another.
33. However, the Committee is attentive to whether a given mechanism, what
ever its form, meets the key requirements as laid down in the OPCAT and
subsequently elaborated upon by the SPT in its Guidelines on NPMs. Those
requirements include the functional independence of the mechanism and of its
personnel, adequate resources, experienced and diversified membership, as well
as a mandate and powers which are in accordance with the OPCAT (Articles
19 and 20) and clearly set out in a constitutional or legislative text. It should be
noted in this regard that the degree of interaction between the CPT and a given
NPM will inevitably depend to a large extent on the Committee’s perception of
that mechanism’s real level of independence.
34. When the CPT encounters situations in which the above-mentioned require
ments do not appear to be met, it will raise the matter with the national author
ities. For example, the Committee has commented in several visit reports on the
apparent inadequacy of the resources placed at the disposal of the NPM in the
country concerned. Similarly, in one report the CPT highlighted a specific case
in which an NPM did not enjoy ready access to police holding facilities and/or
custody registers (in clear contravention of Article 20 of the OPCAT), and made
recommendations designed to avoid any repetition of such a situation. By acting
in this way the CPT hopes to provide concrete support to NPMs, many of which
are still at an early stage of their development and trying to make their mark.
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