NPM Self-assessment matrix Basic Principles

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NPM1 Self-assessment matrix
Basic Principles
Factors to evaluate
NO
Partial
YES
Comments
Are the mandate and powers of the NPM in
accordance with the OPCAT?
Are the mandate and powers clearly spelled out in
constitutional or legislative text?
Is functional independence guaranteed?
Does the law specify the term of office of members
and the reasons for dismissal?
Does the mandate cover all places of detention
including those administered privately? (art. 4
OPCAT)
Is the NPM adequately resourced? Does the NPM
have adequate premises, vehicles and equipment
to allow it to do its work?
Does the NPM have financial autonomy?
Is there a mechanism to follow up the
recommendations of the NPM? Do the authorities
have an obligation to consider the
recommendations of the mechanism and start a
dialogue on possible implementation measures?
(OPCAT, art 22)
Is there protection for people who provide
information to the NPM?
1
Following the criteria established by OPCAT, the SPT Guidelines on NPMs, and the Self-assessment tool for NPMs.
1
If the NPM performs other functions besides those
of a NPM, is it in a separate department with its
own staff and budget?
Creation of the NPM / Appointment of members of the NPM
Factors to evaluate
NO
Partial
YES
Comments
NO
Partial
YES
Comments
Was the NPM established within one year of the
entry into force of Optional Protocol for the
country?
Was the SPT immediately notified of the
appointment of the NPM?
Was the NPM created by a public, transparent,
and inclusive process, involving civil society?
Was there a public, transparent and inclusive
process, involving civil society, for the election of
members of the NPM?
Do the members of NPM have the knowledge and
experience to do their job? (OPCAT, art 18.2) Is
the visiting team multidisciplinary, i.e. including
human rights and health professionals?
Does the NPM have a gender balance? Does it
have adequate representation of ethnic, linguistic
and minority groups? Are these also are respected
in composing the delegation for a visit?
Are there ways to avoid conflicts of interest in
members of the NPM? Are provisions adequate?
Was the appointment of the NPM made public by
national enactment?
Operation of the NPM
Factors to evaluate
2
Under the responsibility of the State
Is the NPM allowed to visit all places of detention
under the jurisdiction of the state, including those
privately run? (OPCAT 19.a)
Does the NPM have the authority to conduct
private interviews with detainees? (OPCAT 20.d)
Is the right to make unannounced visits at any time
provided for?
Does the mechanism have access to all
information concerning the number of detainees
and the amount and location of places of
detention? Does the NPM have access to
information on the treatment of these individuals,
their conditions of detention, etc.? (Article 20.a and
20.b)
Are there guarantees for the enjoyment of
privileges and immunities for members of the NPM
in the development of their functions?
Can the NPM give its views on draft bills? Is there
a mechanism to ensure that these views are taken
into account? How does the NPM keep itself
aware, or how is it informed of relevant bills (as
well as existing legislation) on which to give its
views?
Are the NPM’s Annual Reports published and
widely disseminated by the State? Are they
presented to the legislature for consideration?
Under the responsibility of the NPM
Does the NPM periodically review its methods of
work? Is there ongoing training?
3
Does the NPM set a work program covering all
places of detention?
Does the NPM perform follow-up visits? How is the
decision made to follow-up and how often is followup made?
Has the NPM made proposals and / or commented
on policy or legislation or proposed relevant to its
mandate?
Has the NPM submitted visit reports with
recommendations?
Does the NPM publish these reports? Is there a
policy in this regard?
Does the NPM prepare thematic reports?
Does the NPM take precautions to ensure total
confidentiality of the information obtained during
the course of its work? (OPCAT Article 21.2)
Has the NPM followed up on SPT
recommendations made after the SPT's visit to the
country?
Has the NPM established contacts with other
NPMs to share experiences?
Has the NPM established / maintained direct
contact with the SPT?
Have there been any alliances with other agencies
to disseminate information on government
obligations in the prevention of torture? How
strong/influential are these partnerships. ie. are
they meaningful or just symbolic?
Have internal regulations been drafted for the
operation of NPM?
4
Has the NPM developed guidelines for visits? Are
they published, or kept as an internal document?
Does the NPM take diversity (gender, ethnicity,
nationality, etc.) into account in its work?
Is there a code of conduct / ethics for NPM
members? What happens if the code of conduct is
breached? What are the procedures?
Can the NPM hire its own staff?
Are there guidelines for reporting, if necessary, on
grave individual cases?
Are there guidelines to protect people from
reprisals? (OPCAT Article 21.1)
What kind of follow up is there to ensure there
have not been reprisals?
Is there an established procedure for receiving
information from NGOs?
Does the NPM send its annual reports to the SPT?
Has the NPM developed protocols to resolve
operational difficulties, including problems of
access?
Does the NPM have a public information strategy?
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