What do independence and impartiality mean for NPM members and staff?

Article 18.1 of the OPCAT requires state parties to guarantee the functional independence of the institution and ensure that the institution is composed of independent personnel.

Members and staff of NPMs need to be personally and institutionally independent from state authorities or other institutions. That means that members and staff should serve in their personal capacity and only in the interest of the NPM. Consequently, NPM members should not act on behalf of any other stakeholders be it governmental or non-governmental institutions.

The NPM members and staff should be capable in practice to undertake their responsibilities without interference from state authorities or any other stakeholders. The NPM should set its own priorities, independent of the political agenda.

The NPM should not conduct activities or include individuals who occupy positions (or are on short-term leave from positions) that might be incompatible with the NPM mandate. Examples of such positions might include: the executive branch of government and roles in the criminal justice system or law enforcement. In other words, members should not be in a position where they end up overseeing institutions they have worked for or been a part of.  

Members and staff should also be free from any personal allegiances with political figures or law enforcement personnel.

Members and staff must be personally independent and perceived as such. Therefore, if a member is acting in an impartial manner but is perceived as biased, for reasons of political affiliation or for a position occupied, this could seriously compromise the work of the NPM.

Members and staff should be protected from any state intervention or external interference in their work and enjoy security of tenure. This will help to guarantee the independence of their actions without consideration or fear of losing their jobs. They should also be protected during and after the end of their mandate against any reprisals relating to actions taken in the course of their NPM work.

In this regard, the SPT guidelines state that “the State should ensure the independence of the NPM by not appointing to it members who hold positions which could raise questions of conflicts of interest […] Members of NPMs should likewise ensure that they do not hold or acquire positions which raise questions of conflicts of interest.”