Modus Operandi 

Approach

The observation of NPMs by NPM Obs is part of an approach based on constructive feedback and support and carried out in a spirit of cooperation.

To fulfil its role, NPM Obs has adopted various means of action:
  •  Observation and assessment of the activities of each of the NPMs who so requests. 
  • Collection and exchange of information with stakeholders involved in the effective implementation of the OPCAT. 
  • In-depth exchanges with the NPMs visited based on confidential dialogue. 
  • General and thematic reports, including about developments in the implementation of the OPCAT and about the analysis and recommendations resulting from observing the work of NPMs.  

Ethical principles

In light of the nature of the observation task on the one hand, and the need for the association to be seen as legitimate in the eyes of bodies based on international and national law on the other hand, particularly rigorous respect for ethical principles is expected on the part of members of NPM Obs. 

NPM Obs has established a strict code of ethics that addresses the three main principles of neutrality, impartiality and confidentiality.

Criteria for observation

NPM Obs has established, as a main tool for its visits, a grid of 16 criteria and 172 indicators necessary for observing an NPM.
These criteria and indicators are kept under review and NPM Obs welcomes comments on them.


  1. The functional independence of the NPM and the independence of its personnel are guaranteed.
  2. The mandate and powers of the NPM are sufficient for the performance of its preventive role.
  3. The organisation and resources 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 a part (such as an NHRI).
  4. The standards used by the NPM to assess the treatment of persons deprived of their liberty are at the 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.
  5. 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.
  6. 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.
  7. The composition of visiting teams in terms of professional skills, gender and language skills is sufficient to enable them to fulfill their missions.
  8. 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.
  9. The NPM acts to address any risks of immediate serious harm from whatever cause identified during a visit.
  10. Processes are in place to minimize the risk of reprisals against persons deprived of their liberty as a consequence of the visit.
  11. The NPM produces a report on each visit and formulates recommendations which improve the protection of persons deprived of their liberty.
  12. The NPM follows up the implementation and impact of recommendations it and other human rights bodies have made.
  13. The NPM has effective and autonomous contact with other relevant national and international actors to receive information regarding possible concerns about torture, ill-treatment or other human rights abuses, cooperates in encouraging the implementation of its recommendations and promotes understanding of its role.
  14. The NPM carries out other non-visit related activities which are consistent with its mandate, makes effective use of its resources, and strengthens the protection of persons deprived of their liberty.
  15. The NPM produces an annual report covering all of its activities, which is appropriately disseminated.
  16. The NPM carries out regular and systemic self-assessment of its own effectiveness.

Access the grid of criteria and indicators

Working methods

Once an NPM has made a request to NPM Obs, a Memorandum of Understanding (MoU) is established which sets out the terms and conditions of the visit aimed at observing the work of the NPM.

Each observation mission is preceded by a preparatory phase which includes an exploratory visit to the NPM concerned.

The observation visit of NPM Obs takes place on the spot and according to the rules established in the MoU.

NPM Obs provides the NPM concerned with a report containing all the relevant observations and findings.

NPM Obs establishes, in agreement with the NPM visited, the conditions of disclosure of the report and its recipients.

NPM Obs, in agreement with the NPM concerned, carries out if necessary one or more follow-up visits.

Geographic scope

NPM Obs sees its activities in an international context, namely that of the OPCAT.

Nevertheless, NPM Obs has decided to limit itself initially to working with Member States of the Council of Europe. To date, 37 out of 47 Member States of the Council of Europe have set up or are planning to establish an NPM, representing over half (52%) of the 71 NPMs designated worldwide.