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NPMs in Europe

NPMs in Europe. Combining complaints handling and preventive visiting. OPCAT in Europe. in the countries of the Council of Europe 26 States Parties 20 NPMs in existence. 20 European NPMs. New bodies designed as NPMs 2 Existing / adapted bodies 18 in total

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NPMs in Europe

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  1. NPMs in Europe Combining complaints handling and preventive visiting Dr Silvia Casale

  2. OPCAT in Europe in the countries of the Council of Europe • 26 States Parties • 20 NPMs in existence Dr Silvia Casale

  3. 20 European NPMs New bodies designed as NPMs 2 Existing / adapted bodies 18 in total - Ombudsman’s Office 14 - Inspection / monitoring bodies 4 Dr Silvia Casale

  4. Ombudsman as NPM • Ombudsman Plus - 8 + specific preventive unit + NGOs + other institution • Ombudsman alone - 6 Dr Silvia Casale

  5. Prevention Complaints Proactive Reactive Focus on system Focus on individual Reinforcing system Resolving an safeguards individual case Looking forward Looking back Co-operative Adjudicative Dr Silvia Casale

  6. Complaints handling • obligation to receive all complaints • handling complaints not about ill-treatment • investigating cases • assessing questions of legality Preventive visiting • focus on ill-treatment in places of detention • examining empirically how systems function • broad scope of observation and assessment Dr Silvia Casale

  7. Prevention via complaints Adjudication of individual complaints • Identifying patterns of complaints • Identifying systemic weaknesses • Recommending improvements • Following up implementation • Prevention of ill-treatment Dr Silvia Casale

  8. Using Complaint Patterns for Prevention of Ill-treatment Patterns of complaints relating to ill-treatment • problems of law, policy or practice ? • pockets of complaints – particular institutions ? • issues to address through legislative reform ? • questions to discuss with authorities ? • matters to focus on in visits ? • Inclusion on visits planning and strategy Dr Silvia Casale

  9. Pros and Cons for NPM • Ease of communications - preventive and complaints staff are the same • Cross-fertilisation • Competing for resources • Making choices which role has priority ? to accept a complaint or not ? Dr Silvia Casale

  10. NPM staff perspective Same staff carrying out both functions • Question of identity ? • Competing duties ? • Conflicts of interest ? Need to • Switch between different approaches • Combine skills necessary for each role Dr Silvia Casale

  11. Detainees’ perceptions • expectations ? mixed messages ? • understanding of alternating roles ? Which role are you in today? • to complain or not to complain ? Whose side are you on? Dr Silvia Casale

  12. Perceptions of custodial staff • expectations • understanding of alternating roles • staff subject to an adverse finding and obliged to co-operate with the NPM Possible effects - on staff willingness to engage ? on NPM readiness to criticise ? Dr Silvia Casale

  13. The developing NPM An-going process Initial concepts and resource constraints • building the NPM role • gaining recognition of the NPM role • ring-fencing NPM resources Distinguishing the NPM Dr Silvia Casale

  14. Consensus / Conflict The complaints system can make a valuable contribution to the system of prevention, without necessarily combining roles. Dr Silvia Casale

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