25 June 2013
Skopje
REGIONAL MEETING OF THE OMBUDSMEN – NATIONAL PREVENTIVE MECHANISMS
The Ombudsman – National Preventive Mechanism (NPM) under the Instrument for technical assistance and exchange of information of the European Commission – TAIEX, on the 25
th and 26
th of June organized a regional workshop attended by representatives from NPM Albania, NPM Macedonia, NPM Serbia, NPM Slovenia, NPM Montenegro, Ombudsmen from Bosnia and Herzegovina and Kosovo, NPM Poland, as well as representatives from the Association for prevention of torture (APT), The Committee for prevention of torture of the Council of Europe and the United Nations.
During this two-day workshop the evaluation of the implementation of the given recommendations of the preventive visits, as well as the manner of conducting the follow up and control visits at the places for deprivation of liberty were discussed. Among the topics was how to achieve functional and operative independence of these mechanisms, as well as the communication and cooperation among the international bodies for prevention and implementation of the responsibilities set out in the Facultative Protocol to the Convention against torture. The participants of this conference discussed about the effectiveness of the NPM teams through the provisions of adequate budget, cooperation with the civil society and the involvement of external associates in order to ensure expertise and multidisciplinary approach.
Based on the discussions, the NPM teams from the region concluded that:
- When determining the recommendations, one should take into consideration the priority of certain issues, as well as establishing short-term and long-term recommendations for the purpose of their implementation in the places for deprivation of liberty.
- There should be a strategy on how to monitor the given recommendations, which can be conducted through follow up visits, media monitoring, as well as establishing constructive dialogue on the basis of the recommendations.
- In assessing the degree to which the recommendations are met, it is essential to have budget analyses, evaluation or analyses of the reasons when implementation of a certain recommendation is missing. But also there is a need for broader public understanding of the extent and manner of implementation of the recommendations.
- For the efficient achievement of the NPM mandate, financial resources are necessary to enable functional and operative independence, but also cooperation with the public sector and external experts.
- The civil sector could initiate or enhance the objectivity of the NPM, but the role of the NGOs may also be suitable for recruitment of members of the mechanism, source of information and cooperation, as well as promotion of the mandate and competences that NPM has.
- It is essential that NPM maintains constructive and two-way dialogue with the international bodies for prevention of torture, as well as a possibility to closely follow the recommendations provided by these bodies.
- In order to fully implement the mandate of the NPM it is required that the team has adequate number of trained personnel in order to achieve its proactive role in giving opinions and initiatives for draft laws and legal decisions. Additionally, human resources are important for the separate action in prevention that is set apart from the protection in case of torture or other kinds of cruel, inhuman or degrading treatment.
- The prevention and protection are striving towards the same goal, but it takes special actions for effective and oriented mandate implementation which is established by the Facultative Protocol of the Convention of torture.