National Preventive Mechanism

Transcription

1 The Parliamentary Ombudsman s National Preventive Mechanism Preventing torture and inhuman treatment of people deprived of their liberty

2 National Preventive Mechanism against torture and inhuman treatment of people in detention Many people are detained and deprived of their liberty because of criminal offences, mental illness or for other reasons. On 21 June 2013, the Storting assigned the Parliamentary Ombudsman special responsibility for investigating whether the rights of people in such situations are respected. The Parliamentary Ombudsman has established a dedicated department, the National Preventive Mechanism, to perform this task. As opposed to the usual functions of the Parliamentary Ombudsman, the National Preventive Mechanism does not handle individual cases or complaints. Instead, it works to ensure that people in detention are not subjected to torture or other cruel, inhuman or degrading treatment or punishment. By visiting police custody facilities, prisons, psychiatric institutions, child welfare institutions and other places where people are deprived of their liberty, the National Preventive Mechanism will contribute to preventing the mistreatment of people in closed institutions. The mandate for the work comes from the Optional Protocol to the UN Convention against Torture, which Norway ratified on 27 June Every year, the Parliamentary Ombudsman will submit a report on this work to the Storting and to the UN Subcommittee on the Prevention of Torture. These reports are publically available.

3 Mandate The prohibition against torture and inhuman treatment is absolute and is set out in several international human rights treaties. The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted in Norway ratified the Convention in In order to strengthen its efforts against torture internationally, the UN adopted the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Norway ratified this protocol on 27 June 2013, and the Act relating to the Parliamentary Ombudsman for Public Administration and the Storting s Instructions for the Parliamentary Ombudsman were amended on 1 July 2013 in line with the establishment of a new preventive mechanism. The Parliamentary Ombudsman s National Preventive Mechanism was established in spring The Optional Protocol constitutes the National Prevention Mechanism s mandate.

4 What the National Preventive Mechanism does We visit places where people are deprived of their liberty. We make both announced and unannounced visits. During visits, we talk to the management and staff and conduct private interviews with detainees. The National Preventive Mechanism makes recommendations to the authorities on measures to prevent torture and inhuman treatment. We can also notify the authorities of shortcomings relating to acts and regulations and provide input on new draft legislation. We have contact and meetings with public authorities, organisations that represent detainees, professional groups and others who can provide advice and input on our work. An advisory committee has been established for the National Preventive Mechanism. Its members include representatives of the ombudsmen, not-for-profit organisations, user organisations and other professional groups. The National Preventive Mechanism cooperates with the UN and other international human rights bodies that have expertise in the prevention of torture and inhuman treatment. Every year, the Parliamentary Ombudsman submits a special report on this work to the Storting and to the UN Subcommittee on the Prevention of Torture.

5 What the National Preventive Mechanism does not do We do not have a mandate to consider individual complaints, but those who believe they have been victims of injustice or maladministration on the part of the public authorities can nonetheless complain to the Parliamentary Ombudsman. Before you complain to the Parliamentary Ombudsman, you must have exhausted all other possibilities. This means that you must have complained to the public agency that considered your case, for example the municipality, and then to the relevant appeal body, for example the County Governor. People in detention are entitled to submit confidential complaints to the Ombudsman. Find out how you complain to the Parliamentary Ombudsman at

6 When the National Preventive Mechanism comes to visit The National Preventive Mechanism has access to all places where people are held in detention. The visits can be announced or unannounced. During visits, we have full access to all information relating to the conditions of detention. The National Preventive Mechanism cannot be denied access to either the premises or necessary information. When we come to visit, the management and staff must make themselves available to us. We will also interview detainees. The staff are not present during these talks. All personal information will be handled confidentially. When necessary, we provide advice and recommendations, so that the authorities in charge can improve their practices. We prepare reports after our visits. The reports are normally publically available and will be published on our website.

7 What is torture and cruel, inhuman or degrading treatment? The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the UN Convention against Torture) defines torture and inhuman treatment. The prohibition is absolute, and there are no situations in which the authorities can grant exemption from the prohibition. Torture is severely detrimental both to the person who is subjected to it and to his or her family. Torture is also detrimental to society, because states that subject their citizens to torture and inhuman treatment lose the population s trust. It is therefore very important to prevent such violations. When a person is exposed to great physical or psychological pain or suffering, and the act is committed by a public servant, or by a private individual acting on behalf of a public servant, it is deemed to be cruel, inhuman or degrading treatment. If, in addition, the act is committed in order to obtain information or a confession, or to punish, intimidate, threaten or force the subject into submission, it is deemed to be torture.

8 Contact information: The National Preventive Mechanism is a department under the Parliamentary Ombudsman. Website of the Parliamentary Ombudsman for Public Administration: Website of the National Preventive Mechanism: forsiden postmottak@sivilombudsmannen.no Tel.: (+47) Office address: Akersgata 8, Oslo Postal address: P.O. Box 3 Sentrum, NO-0101 Oslo ENGELSK