Effectiveness criteria for NPMs

The functional independence of the NPM and the independence of its personnel are guaranteed

1.The NPM was designated and publicly promulgated following an open, transparent and inclusive process involving a wide range of stakeholders including civil society.

2.The mandate of NPM members is established by an official act, is sufficient to foster the NPM's independence and provides adequate guarantees to prevent its arbitrary revocation.

3.The mandate of the NPM sets out the privileges and immunities of its members, staff and experts necessary for them to carry out its functions.

4.The selection of NPM members is carried out through an open and inclusive process set out in the NPM's mandate and ensures an appropriate mix of capabilities and professional knowledge, gender balance and representation of ethnic and minority groups.

5.Persons who hold positions which might create a conflict of interest are not appointed as members of the NPM and members who subsequently acquire such a position are required to resign.

6.The NPM has complete operational autonomy when carrying out its functions under OPCAT and the state party refrains from supervising the NPM.

7.The NPM can have autonomous contact with the SPT and its regional focal point.

8.Where the organisation designated as the NPM has other functions in addition to those under OPCAT (such as the National Human Rights Institution (NHRI)), that relationship does not inhibit the effectiveness and independence of its NPM function. [See also 3.7 and 14.9 below]

The mandate and powers of the NPM are sufficient for the performance of its preventive role

1.The mandate and powers of the NPM are clearly set out in a constitutional or legislative text which is consistent with the rights and responsibiliti es described in these criteria and the related indicators.

2.The NPM has the right to visit all places of deprivation of liberty within the jurisdiction of the state concerned. Places of deprivation of liberty include all places which are directly or indirectly under the control of the state party, including public and private settings, from which a person is not permitted to leave at will by order or with the acquiescence of any public authority [see 6.4 below].

3.The NPM's visits may be unannounced.

4.The NPM has the right to interview in private any persons in such places.

5.The NPM chooses freely the places of deprivation of liberty in which visits are carried out and the persons deprived of their liberty to be interviewed.

6.The NPM has the power to make recommendations to the relevant authorities of the state party.

The organisation and re sources of the NPM enable the effective, independent implementation of its mandate and its role is clearly distinguished from any wider body of which it is part (such as a NHRI)

1.The NPM has a suitable infrastructure and its own budget, sta ff, premises, website and social media platforms all of which are adequate for its activities and not subject to controls which might affects i ts independence [ see also 16.1 below].

2.The NPM carries out its work in a way that avoids perceived conflicts of interest.

3.The NPM is effectively organised to carry out its functions and has its own policies relating to:
   a. Organisation of its office, work and budgets
   b. Procedures for decision making
   c. Employment and dismissal of staff
   d. Employment of external experts
   e. The training and development of its personnel
   f. Sharing of information within the mechanism
   g. External communication including with the SPT, other NPMs, and the press and social media
   h. Data protection issues and confidentiality.

4.The obligations of NPM members and of visit teams are set out in a Code of Conduct or ethical rules which is respected in practice.

5.NPM staff and experts are recruited in accordance with a transparent process based on an assessment of individual candidates ag ainst the agreed competencies required for the role.

6.The NPM has effective arrangements to communicate with the relevant authorities about recommendations (including any urgent action required), operational difficulties, the publication and publicising of reports.

7.The NPM's own functions and organisation are clearly distinguished from any wider body of which it is part (such as a NHRI) and the specific role of the NPM is understood by its own personnel and external stakeholders. [See also 1.8 above and 14.9 below]

The standards used by the NPM to assess the treatment of persons deprived of their liberty are at a minimum consistent with the relevant universal and regional human rights rules and norms and take account of the particular circumstances of different categories of persons deprived of their liberty. These standards are published.

1.The NPM develops assessment standards which reflect its own experience and local context but are at a minimum consistent with international and regional rules and norms applying to persons deprived of their liberty in general as well as with those applying to specific categories of person and types of detention. These standards should not be restricted to prisons and police custody but cover the whole range of places of deprivation of liberty. At a minimum, particular attention is given to the Standard Minimum Rules for the Treatment of Prison ers (The Nelson Mandela Rules), the European Convention on Huma Rights, the European Prison Rules, the Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment and those other specific international rules and convent ions applying to specific categories of detainee and types of detention identified below [see 8.4 below].

2.Standards ensure the rights of all persons deprived of their liberty without distinction of any kind, such as race, color, sex, sexuality, language, religion, political or other opinion, national or social origin, property, birth or other status but do not prevent measures to meet the needs of particular groups.

3.Standards are consistent with:
   a. The respect due to persons deprived of their liberty because of their inherent dignity as human beings
   b. An absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment
   c. The safety and security of persons deprived of their liberty, staff, service providers and visitors
   d. Processes for maintaining discipline and order (including the use of separation for disciplinary purposes or for any other reason and the use of mechanical restraints) which are proportionate, authorised by law or regulation, ensure procedural fairness and prohibit sanctions that are inconsistent with international norms
   e. The impartial application of rules and processes and respect for individual's ' religious beliefs
   f. T he individual needs of persons deprived of their liberty, in particular the most vulnerable
   g. Not aggravating the suffering inherent in the deprivation of liberty
   h. Measures to reintegrate persons deprived of their liberty upon release including the provision of education, training and work and those of a remedial, moral, spiritual, social and he alth and sports based nature in accordance with individual needs
   i. Minimizing difference between places of deprivation of liberty and life at liberty that lessen the responsibility of persons deprived of their liberty or their dignity as human beings
   j. Minimiz ing the time persons deprived of their liberty spend locked in their cells, taking into account the function of different types of places of deprivation of liberty and categories of detained persons
   k. The selection, terms of employment, training and supervi sion of personnel in places of deprivation of liberty which is necessary for the fulfilment of their responsibilities.

4.Standards address issues of overcrowding when the treatment and conditions of persons deprived of their liberty are compromised because the place in which they are detained caters for more individuals than it is able to decently accommodate.

5.The vulnerabilities of persons deprived of their liberty, particularly women [see 4.15 below], in the first days of detention are recognised and addres sed.

6.Standards for the provision of healthcare are equivalent to those applying to the provision of healthcare in the community.

7.Healthcare standards are consistent with the UN Principles of Medical Ethics Relevant to the Role of Health Personnel, particul arly Physicians, in the Protection of Prisoners and Detainees from Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the relevant CPT standards. In particular, they prohibit the participation of medical staff in sanctioning or part icipating in punishment or interrogation, or the restraint of persons deprived of their liberty other than as required by purely medical criteria.

8.Standards address the requirement to ensure persons with disabilities who are deprived of their liberty are treated on an equal basis including through the provision of appropriate accommodation and care.

9.Older prisoners are assisted to obtain independence, participation, care, self - fulfilment and dignity commensurate with their individual needs.

10.Standards respect the individual needs and relationships of persons deprived of their liberty taking into account their self - perceived gender, including through the provision of appropriate accommodation which safeguards the gender vulnerabilities of all persons deprived of their liberty. Police custody

11.Standards for persons in police custody include the following safeguards: a. the right to have their detention notified to a third party of their choice and to have prompt access to a lawyer of their own choice and an independent doctor b. the obligation to inform without delay, and in a manner they understand, detained persons of all their right s, including those listed in a. c. the obligation to hold each person in places that provide a reasonable minimum standard of comfort and regard for individual dignity d. the obligation to bri ng without delay to the attention of the competent authorities any medical findings or other evidence indicative of ill - treatment of a detained person e. the obligation to bring suspected offenders promptly and physical ly before a judicial authority.

12.Law en forcement officials are under a duty to inform a trusted adult of the detention of the juvenile who should not be questioned or make any statement without the presence of a lawyer.

13.Juveniles are notheld in a police detention facility for more than 24 hours and should never be held in the same cells as adults. Pre - trial detention

14.Untried detainees are separated from convicted prisoners and subject to treatment appropriate to th eir unconvicted status. Women's prisons

15.At a minimum, standards a re consistent with the Bangkok Rules and take account of the distinctive needs of women prisoners and the best interests of any children who accompany them or for whom they have responsibility [see 4.5 above].

16.Adult women are entirely separated from adult men.

17.The employment of female st aff at all levels and the training of all staff is appropriate to meet the needs of women prisoners. Juvenile detention

18.At a minimum, standards are consistent with the United Nations Convention on the Rights of the Child.

19.The best interests of the child are the primary consideration.

20.A child is understood to be any individual under the age of 18.

21.Children a nd young detainees are held in facil i ties specially intended and designed for persons of this age group unless it is considered in the child's best interests not to do so.

22.Children in places of deprivation of liberty receive education and training appropriate for their needs and to assist them to assume socially constructive and productive roles in society.

23.The specific needs and protection of girls are addressed.

24.Arrangements are in place to protect the dignity and safety of male and female children who share any facilities.

25.The div ersity and professional training of staff is appropriate meet the needs of children. Immigration detention

26.Standards for immigration detention take into account that immigration detainees are notheld as a punishment for a criminal offence.

27.Standards take account of the particular vulnerabilities, and multiple vulnerabilities, of immigration detainees and the fact that many may have been victims of torture or trauma prior to their detention.

28.Standards reflect the different settings in which immigration detention might take place including immigration centres, short - stay, air - side facilities and escorted removal s.

29.Standards acknowledge that detainees ' concern about their immigration status may make them particularly vulnerable to exploitation by staff and others.

30.Standards for immigration detainees address the potentially arbitrary nature of immigration detention, take into account the danger of refoulement and include these additional safeguards:
   a. Access to an effective asylum procedure
   b. Individual detention/ removal orders and the right of appeal against these with these support of a lawyer and interpreter
   c. Time lim its on detention set out in law
   d. The examination/interview by a doctor (with interpretation if necessary) of any detainee alleg ing ill - treatment prior to arrival in the country concerned or in respect of whom there are indications of such ill - treatment, and the record of that examination/interview brought to the attention of competent authorities
   e. Every effort is made to avoid the detention of an irregular migrant who is a minor. Psychiatric settings

31.Standards for persons held in psychiatric settings include the following safeguards:
   a. Access to a lawyer of their choice immediately after involuntary admission
   b. Periods of isolation do not exceed medical requirements and may only be imposed by order of a doctor
   c. Physical or chemical restraint is ordered by a doctor only when no other means can ensure the patient 's or others health and the safety
   d. Hospitals make allowance for the individual personalities and needs when they accommodate patients in collective rooms
   e. Patients have access every day to exercise in the fresh air. Psychiatric and social care settings

31.Adequate legal safeguards exist to ensure that de facto involuntary detention does not take place without effective legal and medical authorisation and regular independent review

32.Standards for persons held in psychiatric and social care settings i nclude the following safeguards:
   a. Access to a lawyer of their cho ice immediately after involuntary admission
   b. Periods of isolation do not exceed medical requirements and may only be imposed by order of a doctor Physical or chemical restraint is ordered by a doctor only when no other means can ensure the patient's or other's health and the safety
   c. Hospitals make allowance for the individual personalities and needs when they accommodate patients in collective rooms
   d. Patients have access every day to exercise in the fresh air.

33.Rigorous processes are in place to protect persons deprived of their liberty in psychiatric and social care settings from de facto involuntary isolation and restraint, however descried, without appropriate medical authorisation and safeguards and without regular review.

The NPM knows the location of all places of deprivation of liberty as well as the number and type of persons held and has unlimited access to every such place

1.The NPM knows the location of all places of deprivation of liberty under the jurisdiction of the state party and over which it exercises or might be expected to exercise control and from which an individual is not free to leave.

2.The NPM’s mandate speci fic ally states a requirement for the state party to make the NPM aware of such locations and the NPM seeks information from other parties [ see 1 3.1 below ] about locations in which persons might be deprived of their liberty.

3.The NPM has access to all information regarding the number, treatment and condition of all persons deprived of their lib erty.

4.Access includes facilities run by private companies in the same way as public facilities.

5.Acc ess includes any installation or facility within a place of deprivation of liberty

6.Requests by agents of the state party to delay or po stpone visits are accepted or declined at the discretion of the NPM.

7.Individual members of the visiting team are issued with the documentation or passes necessary to ensure access to any place of deprivation of liberty and are entitled to take in such equipment as is neces sary for them to carry out their functions.

8.NPM personnel comply with basic security proce sses but are not be subject to body searches or pat downs beyond those applied to other authorities and bodies of similar status.

9.Where the state party (the sending state) has entered into an arrangement where those detained by that state are to be held in a third state (the receiving state) such an agreement should contain explicit references to the obligations of OPCAT. Where only one of the sending or receiving sta tes has an NPM, that NPM should have full access to the detainees and facilities in the normal way. Where the sending and receiving states both have an NPM the facility should be jointly visited by both NPMs. Reports and recommendations should be submitted to both the sending and receiving states. Joint reports should be submitted where both states have an NPM. Immigration detention

10.The NPM knows about and has unrestricted access to all places of immigration detention, including immigration detention centres, short - term holding facilities, ‘air - side’ facilities and ad hoc facilities.

11.The NPM is informed of the date and time of all removals under escort in a timely way and may accompany any removal journey of its choice at short notice. Immigration detention

10.The NPM knows about and has unrestricted access to all places of immigration detention, including immigration detention centres, short - term holding facilities, ‘air - side’ facilities and ad hoc facilities.

11.The NPM is informed of the date and time of all removals under escort in a time ly way and may accompany any removal journey of its choice at short notice. Social care settings

12.The NPM has a clear policy for determining which social care settings and individuals within social settings care come within its remit and for identifying those that do. Other places of deprivation of liberty

13.Places of deprivation of liberty visited by the NPM should include rendition sites and military detention overseas, irregular detention, secure transport vehicles and other settings where individuals are not free to leave.

The NPM’s visits to all types of places of deprivation of liberty are sufficiently regular to strengthen the protection of persons deprived of their liberty

1.Visits are scheduled in accordance with an established risk assessment process, whilst leaving scope for urgent visits if required and not excluding places about which little information is available.

2.Newly established NPMs have a strategy which ensures that over time all places of deprivation of liberty are subject to effective visits; established NPMs visit places of depriv ation of liberty in accordance with their risk assessment and the requirement to follow up previous visit recommendations.

3.Such assessments include the length of time since a previous visit, the type and size of the institution, the inherent vulnerability of those held (e.g. women or children), previous visit findings, information provided by persons currently or previously deprived of their liberty, staff, families or others with knowledge of the facility [see 1 3.1 below ].

4.T he NPM’s mandate specifically i ncludes a requirement for the state party to provide such information that the NPM may require to assist with its risk assessment process [see 2.2 above and 8.4 below].

5.Assessments should identify times and places in any facility when/where risks are highe st and visits are timetabled to include week - ends and nights in order to prevent ill - treatment and ensuresatisfactory conditions.

6.The NPM makes plans for a contingency visit when past experience indicates that an upcoming visit (summit meeting, politically sensitive anniversary etc.) involves a heightened risk of ill - treatment of detained persons. Police custody

7.The regularity, timing and notice given of visits to police custody facilities reflect the heightened risks in this type of place of detention and the frequency/rapidity with which the situation inside them can chang
   e. Psychiatric and social care settings

8.Regularity of visits to psychiatric and social care settings recognise the particular vul nerability of patients and residents in secure settings, particularly those with the most severe mental health conditions or limit ed capacity.

The composition of visit teams in terms of professional competence, gender balance and language skills is adequate to carry out their functions

1.Each visit team has an appropriate balance of genders to meet the needs of the population held and the diverse backgrounds and professional expertise necessary for the NPM to operate effectively and credibly including, inter alia, relevanthealth care and legal expertise. [see also 3.4 above]

2.Members of the visit team are selected in the light of the type of facility to be visited and the specific issues of the individual facility concerned.

3.Competencies of visit teams include professional medical expertise.

4.Healthcare members of visit teams have the necessary professional expertise to identify and document signs of torture and other forms of physical or psychological ill - treatment.

5.The NPM's members and staff receive adequate training for their tasks during visits with the involvement of relevant national and international experts where appropriate.

6.As far as possible, members of the visits team use their own interpreters when linguistic assistance is required to communicate with detained persons. Women's detention

7.Visits to centres holding predominantly female populations are carried out by teams with sufficient women members to allow all female detainees to speak to a female member of the team if they wish to do so.

8.In places of deprivation of liberty holding only women, women can speak to a female NPM healthcare expert if they choose.

9.Teams visiting places holding predominantly female populations or a significant number of women include expertise in prenatal and post natal care.

10.Where small children are present in women's prisons with their mothers, NPM visit teams contain personnel with expertise in child health, welfare and protection. Juvenile detention

11.Whe re children are held, the visit team is multi - disciplinary and include expertise in child health, welfare and protection. Immigration detention

12.Teams visiting establishments where women are held should contain sufficient female members to enable female detainees to speak to a female team member if they wish.

13.Competencies required of visit teams include expertise in immigration law.

14.The training of the NPM's members and staff is sufficient to prepare them for contact with different cultures and faiths and the particular stresses of immigration detention. Psychiatric settings

15.In secure psychiatric settings (and, where necessary, in social care settings) the visit team includes at least one qualified psychiatrist and other team members familiar with life and management in such settings.

16.All members of the visit team are trained in appropriate interactions with psychiatric patients.

The manner in which each visit is carried out enables the NPM to accurately assess compliance with the prohibition against torture and other cruel, inhuman or degrading treatment or punishment, other relevant human rights standards, weaknesses in protection and remedies required

1.The NPM has a published methodology and practice tools which enable it to obtain and evaluate the information it requires to assess compliance with its human rights based assessment standards [see 4 above] a nd visits are conducted in accordance with this me thodology.

2.Effective planning for the visit is informed by the NPM's organised database [see 8.14 below], the type of facility and information about the specific facility to be visited.

3.Members of the visit team are aware of the visit's objectives and methodology and the role of individual visit team members. External experts are fully integrated into the preparation and conduct of the visit.

4.Visit planning includes familiarity with the mandate of the NPM, arrangements for covering all the necessary standards [see 4 above], information about the facility and detainees held provided by state authorities and other sources [see 6.4 above] the concerns identified from other bodies [see 13.1 below], follow up of previous recommendations made by the NPM or international bodies [ see 12. 2 below].

5.The size of the visiting team and duration of the visit are appropriate for the visit's objectives and the characteristics of the place of deprivation of liberty concerned. When necessary, visiting activities take place during evenings, nights and weekends.

6.The status, role and powers of the NPM visit team and obligations of the establishment are communicated to managers, staff and detainees at the start of the visit.

7.During the course of any visit, members of the visit team go to all parts of the facility at any time without restriction. Facilities within a place of deprivation of liberty where there is a high risk of torture and other cruel, inhuman or degrading treatment or punishment such as segregation or solitary confinement units or any kind of disciplinary unit are identified and given particular attention.

8.Members of the visits team have access to any document or record they require. Access to the individual medical files of persons deprived of their liberty is limited to health professional members of the team.

9.Members of the visits team can interview in pr ivate any person deprived of their liberty, member of staff or other person it believes necessary.

10.A significant number of persons deprived of their liberty are randomly selected for interview by the visits team. Care is taken to ensure the selection proce ss minimises the risk of reprisals.

11.The modalities of any interview are determined by the NPM and interviews are conducted with the informed consent of the interviewee.

12.The NPM should review the results of investigations into allegations of torture or ill - treatment in the place being visited and reports of the investigations should conform at a minimum with the Istanbul Protocol and the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

13.Team debriefings recur during the visit to share and discuss emerging findings.

14.Observations are cross - checked, tested and assessed and the NPM has an effective data management system [see 8.2 above].

15.There is immediate debriefing with the representatives of the place of deprivation of liberty at the end of the visit. Police custody

16.Visits examine all issues relating to the treatment of persons in police custody including information provided to detainees about their rights, the exercise of those rights in practice, health - care arrangements, compliance with the rules governing the questioning of criminal suspects (including the recording of interviews), the keeping of custody records, and material conditions in the cells and in facilities used for questioning.

17.Visit methodologies recognise the particular vulnerabilities of juveniles in police custody.

18.Visit methodologies reflect the need to minimise risk of reprisals in police settings, with consi deration given to interviewing all persons deprived of their liberty. Juvenile detention

19.The views of children in detention are obtained by age - appropriate interview methods.

20.Information for children is provided in a language and style appropriate for their age.

21.Members of the visit team are proactive in their interaction with juvenile detainees to ensure the most vulnerable children are not overlooked. Immigration detention

22.The NPM can interview detain ed irregular migrants and exam ine all issues relating to their treatment including material conditions, custody records and other documentation, the exercise of detainees' rights and healthcare.

23.Information provided by the NPM gives reassurance that co - operating with the NPM will not affect a detainee’s immigration status, positively or negatively. Psychiatric and social care settings

24.The patients and residents who are interviewed in hospitals or social care settings are chosen so that the interview:
   a. Encourages the i nterviewee to ex press his or her true feelings
   b. Does not have any negative effect upon his or her health.

25.The choice of interviewee must be guided by any opinion of the psychi atrist of the team and other relevant experts.

26.The visit team is aware of the risk of tortu re or ill - treatment resulting not only from the management and behaviour of st aff but also from other patients and residents.

27.The visit team pays particular attention to the way the patients and residents are informed of their rights, the manner in which confine ment decisions are taken, how confinement decisions apply and their duration, and their registration.

28.Serious attention is given to the physical health needs of psychiatric patients and residents in social care settings.

29.Careful examination is made of whether pati ents and residents can have some possibility to go outside the institution, for what duration and accompanied or not.

The NPM acts to address any risks of immediate, serious harm from whatever cause identified during a visit

1.Visit teams have clear protocols and training to identify and protect persons who might be at immediate or specific risk of torture or other cruel, inhuman or degrading treatment and punishment in a place of deprivation of liberty for whatever reason and these protocols are known and understood by the visits team.

2.Visit teams have clear protoco ls and training about action to take whenother immediate and serious risks to any person (for example of bullying by other persons deprived of their liberty, other forms of abuse or self - harm) are disclosed and these protocols are known and understood by the visits team.

3.A clear procedure exists to forward general complaints received during the course of a visit from persons deprived of their liberty to the appropriate complaints handling body.

4.The duties of any NPM healthcare expert to detainees with whom they come into contact is governed by the professional and ethical standards applicable in the community and the duty to protect detainees' physical and mental health has primacy.

5.Detainee medical information gathered by the NPM is regarded as confidential unless doing so creates a real and immediate threat to the detainee or others [see 10.3 below]. Juvenile detention

6.Visit teams have clear protocols about action to take when risks to a child detainee are disclosed that give primacy to the best interests of the child, and these protocols are known and understood by the visits team. Immigration detention

7.Visit teams are alert to and trained in awareness of issues relating to trafficking.

Processes are in place to minimize the risk of reprisals against persons deprived of their liberty as a consequence of the visit

1.There is a clear strategy to prevent reprisals against persons deprived of their liberty, staff or any other person for having contact with the NPM irrespective of the accuracy of the information provided.

2.This strategy is consistent with the relevant SPT guidance and advice and other relevant international norms and includes:
   a. National law which prohibits and punishes as a crime the imposition of sanctions against any person for having contact with the NPM. Persons making such allegations are protected
   b. An agreement with the state party setting out arrangements and responsibilities for protect ing any person from sanctions for having a ny form of contact with the NPM
   c. Information provided at the start of a visit and individu al interviews to explain to all persons deprived of their liberty, staff and mana gers, the nature and purpose of the visit, the prohibition against sanctions and the care the NPM will take to prevent them
   d. The cond uct of visits and interviews arranged to maintain the absolute confidentiality of those having contact with the NPM and minimise the risk of sanctions and reprisals
   e. Arrangements for persons deprived of their liberty or others to bring concerns about sanctions to the attention of the NPM after a visit has concluded
   f. The right of persons deprived of their liberty to contact the NPM by phone or letter or other means in confidence set out in a statutory text
   g. The urgent follow up of a llegations of reprisals or risk of reprisals including when such allegations are credible, alerting the relevant national authorities and ensuring appropriate accountability of those involved
   h. Addressing concerns about reprisals in visit reports.

3.The information the NPM collects is regarded as privileged and adequ ate safeguards are in place to protect the personal data of individuals and ensure it is not published without their explicit permission under any circumstances. Privilege extends to detainees, their families, lawyers. Where the NPM is part of a body with other functions, this duty of confidentiality applies to information collected in the course of the body's work as an NPM regardless of what obligations it might have inother capacities. [see 9.5 above ]

4.Privileged information is only shared with any wider body of which the NPM is a part at the discretion of the NPM.

The NPM produces a report on each visit and makes recommendations which improve the protection of persons deprived of their liberty

1.The NPM produces a report on each visit.

2.The NPM has a strategy for the use of its reports which at the discretion of the NPM are usually published.

3.Visit reports focus on the most important issues and identify gaps in protection and good practice.

4.Cases of deliberate ill - treatment are examined with their causes and consequences to identify gaps in protection.

5.No personal data are published which compromise the anonymity of individuals.

6.The NPM makes recommendations based on its findings and taking account of the relevant international and national norms to strengthen the protection of those detained in individual facilities following each visit.

7.Recommendations are based on a rigorous analysis of the evidence and genera lly have a prevent ive focus, address systematic gaps in protection, are clear and distinguish between short and long term action required.

8.Agreements exist with the state party to make urgent recommendations on matters of particular concern, including when appropriate for the initiation of criminal proceedings.

The NPM follows up the implementation and impact of recommendations it and other human rights bodies have made

1.The relevant national authorities respond publicly to any such recommendation made and at the appropriate level enters into dialogue with the NPM about its recommendations and this obligation is set out in legislation.

2.Action taken in response to recommendations made by the NPM and other bodies including the SPT, other UN bodies, the CPT and other relevant regional bodies on previous visits is systematically followed up and reviewed on succeeding visits [see 8.4 above].

3.The NPM enters into dialogue with other bodies to inform its assessments of progress [see 13.1 below].

4.NPM reports and the response of the authorities are shared with the SPT, CPT and other relevant international and regional bodies.

The NPM has effective and autonomous contact with other relevant national and international actors to receive i nformation regarding possible concerns about torture, ill - treatment or other human rights abuses, co - operate in encouraging the implementation of its recommendations a nd promote understanding of its role

1.The NPM's visit planning and other activities are informed by contact with a wide range of national and international actors concerned with the human rights of persons deprived of their liberty, and possessing knowledge of conditions in different places of deprivation of liberty and categories or persons deprived of their liberty. These in clude for example the SPT, CPT and other international monitoring bodies, civil society, univer sities and qualified experts, Parliament and government departments, ombudsmen and NGOs [see 5.2, 6.3, 8.4 above].

2.There are arrangements in place for staff and any other person in places of deprivation of liberty to report concerns to the NPM in confidenc
   e. Women's prisons

3.The NPM has contact with a wide range ofactors concerned with women deprived of their liberty. Immigration detention

4.The NPM has contact with a wide range ofactors working in the migration field.

5.This includes, where they exist, migrant organisations themselves.

6.The NPM seeks out information from migrants who were previously detained about the conditions of their detention. Psychiatric settings

7.The NPM has contact with a wide range ofactors in the psychiatry field, including professional associations and unions of doctors and medical staff, hospital managers, former patients and patients' families.

The NPM carries out other non - visit related activities which are consistent with its mandate, make effective use of its resources and strengthen the protection of persons deprived of their liberty

1.The NPM carefully plans non - visit activities and ensures these: a. are not in place of its central preventive visits function b. make best use of its resources c. are within its mandate d. contribute effectively to the protection of persons deprived of their liberty e. are undertaken in accordance with local priorities.

2.The cumulative experience of the NPM’s visits and other activities is used in conjunction with other relevant actors to make recommendations on existing and draft legislation and in particular to ensuresuch legislation is in compliance with the CAT, OPCAT and Paris Principles. The state party has an obligation to inform the NPM of any such proposal and enters into dialogue with the NPM about such recommendations.

3.The NPM produces thematic reports on cross - cutting issues wh ich are published at the discretion of the NPM.

4.The NPM carries out systematic reviews of interrogation rules, instructions, methods and practices and detention procedures in any territory under the state party's jurisdiction to prevent torture.

5.The NPM examines the rules and duties relating to law enforcement personnel, civilian or military, medical and personnel, public officials and other persons who may be involved in the custody, interrogation or detention of any individual subject to any form of det ention.

6.The NPM assists in the formulation of teaching and training programmes and carr ies out research designed to strengthen the protection of detainees.

7.The NPM ensures that the prohibition against torture and a human rights based approach is integrated into the professional training of those who may have responsibility for persons deprived of their liberty includes the prohibition against torture.

8.The NPM has a strategy for making its work and mandate known to the general public and receiving information from them on a confidential basis [see 12.1 above].

9.The NPM makes independent and appropriate use of all forms of media and has its own 'branding' distinct from any wider organisation of which it is a part. [See also 1.8 and 3.7 above]

10.The NPM contribut es to reports relating to its mandate which state parties are required to submit to United Nations bodies and committees such as the Committee Against Torture and the Committee on the Rights of the Child and submits its own reports to such bodies.

11.The NPM has contact with and shares experience with other NPMs.

The NPM produces an Annual Report covering all of its activities, which is appropriately disseminated

1.The NPM produces an annual report summarising challenges to protection and delivery of its mandate, its findings and recommendations, consideration of thematic issues, cooperation with other actors, and other activities underta ken and their outcome.

2.The annual report is entirely under the editorial control of the NPM.

3.The state party publishes the annual report without delay at the NPM's request and disseminates it widely.

4.The state party ensures the annual report is discussed by the national legislature or Parliament.

5.The annual report reflects recommendations put forward by the NPM as regards draft legislation.

6.The annual report includes analysis of the question of reprisals.

The NPM carries out regular and systemic self - assessments of its own effectiveness

1.The NPM uses its monitoring of incidents of proven or alleged torture or other cruel, inhuman or degrading treatment and punishment to assess its own effectiveness.

2.The NPM has a methodology for assessing the impact of its visits, recommendations and other activities on strengthening the protection of persons deprived of their liberty.

3.The NPM systematically records and processes its observations and information from other sources which it uses to inform its own development, the developments of its own standards and dialogue with the authorities.

4.The national Parliament, partners and international mechanisms contribute to the self - assessment process.

5.The NPM's self - assessment of its effectiveness includes an assessment of the adequacy of its budget [see also 3.1 above] and it advocates for the resources it needs to carry out its functions effectively. The NPM applies to the ‘special fund’ if appropriate.