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? 5