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Institutional development
Institutional development

Issues for specific NPM types

For NPMs that are part of ombuds institutions or national human rights commissions it is likely that a number of specific questions will need to be addressed in their internal rules, including:

  • Who speaks on behalf of the NPM? For example, the ombudsperson or chair of the human rights commission, or the NPM chairperson?
  • How are decisions made?
  • What is the role of commissioners, the ombudsman or deputies in relation to visits and follow-up?
  • Who approves NPM reports and recommendations?
  • How should complaints (and information about them) relating to detention be handled?
  • How does the NPM department share information and cooperate with other departments, including that on protection and investigation, and vice versa?
  • Does the NPM publish a separate annual report or a chapter within the annual report of the institution as a whole?

For multiple body NPMs, it will additionally be important to consider issues such as:

  • Coordination regarding ethics and working methods.
  • The role of each institution and that of the coordinating body, if any
  • Coordination, such as: when and how meetings will be held, coherence of NPM work, participation in visits, publication of joint reports, and joint advocacy on law and policy reforms.
Institutional development

What could be included in NPM internal rules?

NPMs may wish to include a wide range of different issues in their internal rules and procedures. This might include some or all of the following elements:

Roles and responsibility

  • Who makes decisions on different issues (including visits, reports, law and policy, strategic planning, interacting with the media, budget) and who is accountable for the NPM’s actions.

Procedures

  • Internal communication, coordination and interaction between different teams, units or departments (particularly for NPMs that are part of broader institutions).  This may particularly be the case in relation to complaints.
  • Administrative and financial issues, in particular with regards  to the use of NPM funds.
  • Human resources, including staff responsibilities, and decision-making about hiring, promotions and dismissals.
  • Logistical issues.

Working Methods

  • Processes regarding visits, including who is involved (and how) in the preparation, conduct, and debriefing of visits, as well as who drafts the visit report and recommendations, who approves them, and who communicates with the authorities about any findings.
  • Communication, with the media and civil society.
  • How the NPM engages in dialogue with the authorities and the processes by which they exchange information, request follow-up and enter into dialogue.
  • How the NPM interacts with other actors at national, regional or international level, including the SPT and the UN human rights system.

Ethics and principles

  • Ethical issues, particularly in relation to the use of confidential information, the do no harm principle, obligations around reporting wrongdoing, and workplace harassment.
  • Values and principles that underpin the NPM’s way of working and approach.
  • The NPMs’ approach towards prevention of reprisals

 

Institutional development

How can an NPM’s Internal rules be developed and adopted?

Internal rules are usually developed by the NPM itself. For NPMs that are part of broader institutions, the internal rules may be a subsection of the broader institutional rules or a separate document. In the latter case, they should nevertheless be developed in consultation with the relevant departments of the broader institution, and be coherent with any wider institutional rules.

NPMs will usually need to begin developing their internal rules and procedures in the first year of operation, although they may not wish to rush into a formally adopted set of rules before they have had an opportunity to put them into practice and make changes based on what works.

Among different NPMs, there are a range of practices relating to the level of formality of their internal rules. In some cases, the law stipulates that the NPM has to establish its internal rules. In other countries, it is also required that internal rules are adopted in some formal way by the institution. For other NPMs, they are less formal documents that evolve over time in response to different needs and changing practices.

There are also a variety of practices relating to publication. In some places, the internal rules are a public document, published in the official gazette or the NPM website. In others they are kept for internal use only. 

Institutional development

Why are Internal rules important for NPMs?

Internal rules and procedures contribute to the good governance of institutions, in other words, the system by which an organisation makes and implements decisions in pursuit of its objectives.

As such, internal rules are important for NPMs because they clarify roles and responsibilities; and procedures for decision-making, in line with the organisational structure of the institution. This is particularly important for NPMs composed of several members, or for NPMs which are part of ombuds institutions and national human rights commissions. In this sense, they are the link between the NPM’s internal organisation and effective execution of its mandate.

For both multiple body NPMs and NPMs that are part of ombuds institutions and national human rights commissions internal rules and procedures can greatly facilitate information sharing and internal communication with other departments from the same institution. This is particularly the case around issues like complaints or legal and policy work that might involve a number of different departments.

They may also help to define an NPM’s ethics, values, internal culture and ways of working. This is particularly the case if they include references to working methods or core principles (for example, a human rights-based approach, and non-discrimination). This can be useful for new staff and for teambuilding, as well as providing a degree of protection and sustainability for the institution, including when there is a change in institutional leadership.

Because they are likely to cover questions about representation and external communication, they may also be useful in clarifying who speaks for the NPM, including in relation to the media.

Institutional development

What are Internal rules?

Internal rules are one or several documents that help NPMs to organise and clarify their internal functioning and processes, including, for example: procedures, working methods, decision making, and ethical considerations.

Institutional development

How can NPMs evaluate their strategy?

From the beginning, it may also be important for NPM’s to consider how they will evaluate their progress, both during and after the plan comes to an end. This means setting objectives or goals that are specific and clear. For some, more complex, objectives this might also mean breaking them down into sub-objectives or milestones, which can be more easily measured. The key question for NPM’s when thinking about evaluation of each objective is: how will we know if this happened? This might include considering indicators Measurement and evaluation is much more likely to be achievable and useful if NPMs consider it from the beginning of the planning process. This is particularly because developing indicators is a great way to assess whether the objectives in the plan are specific and achievable. Trying to come up with indicators for broad and imprecise objectives once the plan is already adopted, is likely to be a frustrating and difficult experience. Throughout the year, the NPM may wish to also make time for regular review meetings, to ensure that the organization is on track to achieving its objectives.

Because evaluation is a key element of planning (before, during and afterwards), they also provide an opportunity to reflect and change course, based on changing conditions, new information, or the realisation that current actions or strategies are not working as predicted. 

Institutional development

When should NPMs develop their first strategic and operational plan?

When and what type of strategic and operational plan is needed will depend on the model and stage of institutional development of each NPM.

For new NPMs it might be difficult to develop a comprehensive strategic plan immediately after establishment. Time is likely to be required for the new institution to map the place of deprivation of liberty that fall within its mandate, as well as to do the research and consultations required to understand where the risks of torture and ill-treatment are to be found, and thus where the NPM should focus its attention.

It might be useful in such cases for the NPM to first adopt a preliminary plan for its first period of operation, covering between 12 to 18 months. The following aspects could be included: the first visits it plans to do, any training and capacity building, and publication of the first annual report. Within this preliminary period, the NPM can then set aside time to develop a more comprehensive strategy, based on the steps outlined above. This kind of preliminary plan should make sure to include sufficient time for institutional development and staff training.

For NPMs that form part of larger institutions, such as ombuds institutions or national human rights commissions, it might be necessary to develop a shorter initial plan, particularly in cases where the NPM is set up in the middle of an existing strategic plan. This initial plan can then later be replaced by a more comprehensive and longer-term plan that is properly integrated into the overall institution’s planning process, once the current cycle comes to an end.

Institutional development

How can NPMs develop an operational plan on the basis of their strategy?

Once an NPM has developed its strategic plan, the next step is to put it into practice. This is done through an operational plan. Each element of the operational plan should be aimed at helping the NPM to achieve a specific objective of the strategic plan. Operational plans are thus often internal documents to the institution, and their main audience are NPM team members.

To develop an operational plan, NPMs may start first breaking down their strategic plan into one-year (or shorter) objectives. Then they may think about the different activities or interventions that will help them to achieve these objectives.  These might be visits to places of detention, dialogue with the authorities, training and capacity building, educational activities, legal and policy advice, or other things.

It is important to keep in mind that the operational plan should be simple and easy to understand. The more complicated they are, the less likely it is that the NPM team will understand and follow them. This might mean choosing a number of key activities (according to their capacities) that will help the NPM to reach its objectives that year. As with the strategic plan, each of these activities will ideally be accompanied by some milestones or intermediate steps that will help NPMs to know whether the institution is on track to achieving them.

Institutional development

How can NPMs develop a strategic plan?

Strategic and operational planning processes often follow a series of stages, with the strategic plan being developed first, followed by the operational plans that are needed to put it into effect. Depending on their situation and institutional development, NPMs may follow these stages in a different order, and some of them not at all.

Internal organisational analysis. During this stage, NPMs may ask themselves the following questions: what is their internal capacity? where are there gaps in terms of human or financial resources? How those gaps can be filled in order to more effectively carry out its mandate and achieve its strategic objectives?

Analysis of risks and of needs. During this stage, the NPM may ask itself, and consult its partners about the following: what are the most important risks and root causes of torture and ill-treatment in the country in which we operate? Responding to this question might involve mapping the different places of deprivation of liberty in the country, convening discussions among relevant experts, and examining the reports of relevant international or regional experts, including, for example, the Committee against Torture. This analysis may form a useful baseline, which the NPM can later use to measure progress.

Definition of objectives or strategic goals, taking into account its mandate, powers and resources. While the vision and mission are likely to be broad statements, the NPM’s objectives or strategic goals are what it thinks that it can achieve within the strategic planning period. They thus need to be realistic and mindful of the factors outside the NPM’s control that will have an impact on its ability to put them into practice (for example, the existence of political will to change law and policy).

Throughout the planning process, engagement with civil society organisations and other oversight institutions may be useful and contribute to later success in implementation. This includes consulting at the initial stages, in order to ensure that the objectives respond to the most important risks in detention. It might also include consulting with a smaller advisory group during the drafting stage, such as NPM’s advisory councils where they exist

Institutional development

What are the key elements that may be included in an operational plan?

Again, while NPMs can adapt the structure and content of their operational plans to suit their needs, some or all of the following information may be useful to include:

  • The planned activities for the year, including any thematic objectives (including both places of detention and issues related to deprivation of liberty), based on those identified in the strategic plan. This might include: number and types of visits (including number of days of visits); planned reports; dialogue; training; and other activities. This section should ideally be organised by main goals, so that the link between each activity and the relevant strategic goal is clear.
  • Division of tasks and responsibilities.
  • Timelines and important intermediate steps (milestones) for each activity.
  • A section on monitoring and evaluation, with key indicators for monitoring progress throughout the year.
  • Budget

NPMs should also include room for flexibility, in order to be able to adapt and respond to new and unexpected events.

Institutional development

What are the key elements that may be included in a strategic plan?

While a number of different models are possible, NPM strategic plans may include most if not all of the following elements.

  • The mission and vision of the NPM.
  • The principles and values that guide the NPM and its working methods, including, for example, a human rights based approach, the do no harm principle, and the OPCAT spirit of dialogue.
  • The mandate of the NPM, as set forth in the OPCAT and in the NPM’s legal basis.
  • The strategic objectives of the NPM, based on an analysis of the situation, including the key risks of torture and ill-treatment and problems that the NPM has identified. The NPM is unlikely to be able to deal with all of them in one strategic planning period, so this section should also include the NPM’s reasoning for why it decided to focus on some issues in particular.
Institutional development

Who should be involved in NPM planning processes?

Developing its strategic and operational plans should be an inclusive process, ideally involving the whole NPM team. An external advisory group or larger group of stakeholders might also be involved at the initial risk and objective identification phase, as well as in consultations on the final draft. Nevertheless the final decisions about what is in both strategic and operational plans should rest with the NPM leadership. This includes when the NPM is part of a larger institution, such as a National Human Rights Institution.

For the majority of NPMs, which are either ombuds institutions or national human rights commissions, or are part of multiple body NPMs, it may be useful to develop the NPM strategic plan in synergy with other departments. For ombuds institutions or national human rights commissions, the NPM strategic plan will ideally be aligned with or form part of an overall institutional plan that is developed at the same time. While the NPM should have autonomy to decide on its objectives and activities, these should nevertheless fit within the overall objectives of the institution and development might usefully include relevant NHRI staff, including from the planning and evaluation department, for example. This might also be a useful time to consider cross-cutting themes on which the institution as a whole would like to focus.

In the case of multiple bodies NPMs, it may be useful – although quite complex – to have a single strategic plan. This could help to maximise resources and ensure cohesion among the different institutions. In this case, it is essential to allow sufficient time so that all the participating institutions have buy in, even if the process is led by one of the institutions.

In some cases, NPMs are assisted throughout the process by external consultants who can help facilitate the process. It is important to underline, however, that strategic plans that are entirely sub-contracted or developed by external consultants (or that do not reflect the agreed objectives of the NPM team itself) are unlikely to be successfully implemented, as they will likely lack sufficient ownership from the team.

Finally, ongoing internal communications are essential to the success of any planning process. NPMs should thus make sure they set aside sufficient time throughout the lifetime of a plan for team meetings and discussions, so that everyone understands what is planned and how it contributes to the NPM’s objectives.

Institutional development

Why is strategic and operational planning important for NPMs?

NPMs have broad mandates, within which they need to find focus. Strategic planning, through identifying priorities and objectives can help NPMs focus, make choices and maximise resources. For new NPMs, it may be hard to immediately define the changes they would like to see, or the main goals they would like to achieve.

Planning does not have to only relate to changes in places of deprivation of liberty (for example: “to reduce the overuse of pre-trial detention”). Indeed, newly established NPMs may wish to focus much of their initial plan on internal development and capacity building (for example, building a strong and stable institution with staff who have the expertise they need), before being able to focus on goals that relate to making change in detention.

Planning helps to focus the energy of the team by ensuring that everyone working for the NPM knows what they are doing and why it is important. The process of planning also helps to establish agreement and understanding within the NPM around the mandate, identity, objectives, activities and results, which makes teams both stronger and more effective.

Strategic plans are also important externally to the institution, as a way of communicating to stakeholders what the NPM is trying to achieve and how. This way, it helps the NPM to ensure that everyone involved in torture prevention understands their unique role and contribution, as well as gather agreement on possible joint thematic areas of work.

Operational plans are also often the basis on which the NPM can define its budget and necessary resources.

Institutional development

What is strategic and operational planning for NPMs?

A strategic plan is a policy document that sets out the key changes that NPMs would like to see over a defined period, generally over several years. Strategic plans ask the question: where do we want to go?

An operational plan is a dynamic document that translates the strategies of the NPM into specific activities, usually covering a one-year period. Operational plans ask the question: what are we going to do to get there?

Strategic and operational planning is part of an NPM’s ‘theory of change’ – which is a way for NPMs to picture what it wants to change and how. These plans help showing the links between NPM’s day to day work, (visiting places of detention) and its overall goals.

Institutional development

What professional expertise is required for NPM members and staff?

For an NPM to be effective, the members and staff must have relevant expertise. In addition, the NPM, as an institution, should gather, collectively, the required variety and balance of different fields of professional knowledge and practical experience that enable it to effectively perform its mandate.

Some professional backgrounds are particularly relevant to NPM work, including:

  • Lawyers.
  • Medical doctors (including general practitioners, forensic specialists and psychiatrists).
  • Psychologists.
  • Human rights specialists (particularly specialised in detention issues).
  • Social workers.
  • Anthropologists.
  • Persons with prior expertise in the field of in policing, migration, administration of justice, and places of detention.
  • Persons with particular experience in working with groups in situations of vulnerability.
  • The entire institution, with its members and staff, should have, at least, legal and medical expertise.

The members’ expertise can be supplemented by a pool of experts to accompany their work.

As the SPT guidelines state, “members of the NPM should collectively have the expertise and experience necessary for its effective functioning […] the NPM should ensure that its staff have between them the diversity of background, capabilities and professional knowledge necessary to enable it to properly fulfil its NPM mandate. This should include, inter alia, relevant legal and health-care expertise.”

Institutional development

Can seconded state officials or civil servants work for NPMs?

NPM staff should be institutionally and personally independent from state authorities. Although it is not an ideal situation, in some cases (particularly for budgetary reasons) civil servants are seconded to work for the NPM to provide support and to reduce costs. In this situation, the staff should be entirely dedicated to NPM work, and should not report to their ministry or department of origin. Confidentiality of information acquired in their capacity as NPM staff should be respected during and after their tenure.

A guarantee of the independence of seconded staff could be to ensure that secondments are only long-term. During the secondment, the staff should only be accountable to the NPM. Furthermore, the seconded member of staff should be selected following a clear, transparent, merit-based process and at the discretion of NPM members.

In any case, leadership and decision-making positions in the NPM should not be help by seconded staff.

Institutional development

Who are NPM members and staff?

NPMs are usually made up of both members and staff. Members are appointed following a selection process or procedure (either in parliament, through a selection commission, or by governmental appointment). Depending on the NPM model, the number of members could vary between one (for example, ombuds institutions) and in some cases reaches more than a dozen members (as is the case among some new specialised institutions).

Often, the law establishing the NPM includes the composition of members and the professional experience and skills required. As stated in article 18.2 of the OPCAT “The States Parties shall take the necessary measures to ensure that the experts of the national preventive mechanism have the required capabilities and professional knowledge.” Staff are then recruited, reallocated or seconded by members, depending on the NPM model.

Members are appointed for a defined term of office (which may or may not be renewable), while staff are permanent and represent a guarantee of institutional sustainability and stability.  On the other hand, Staff are recruited (depending on the NPM model), once the NPM is established, to support members in implementing the preventive mandate or for administrative purposes. In both cases, the NPM should have the authority to choose and employ its own staff based on requirements and criteria it alone determines. Sufficient human resources permit the NPM to be functionally independent.  

There are some specificities related to the composition of NPMs and the distinction between the role of members and staff. For example, staff carry out the NPM’s mandate in cases where ombuds institutions are designated as NPMs. In contrast, in some new specialised institutions, the mandate is carried out primarily by the members. Some NPMs also appoint a secretary general from among their members, while for others this position is part of the secretariat (which may help to preserve institutional memory).  

Members work either full-time or part-time, according to the law and/or the internal rules of the NPM and taking into consideration the scope of mandate. Both full time and part-time members should be paid adequately for their work. This should be considered while drafting the NPM’s budget.

Both members and staff are bound by the principles of confidentiality of personal information, do no harm, and non-discrimination. Therefore, they should have the same immunities against reprisals or any potential obstacles to the conduct of their preventive work.

Institutional development

Which situations could represent a conflict of interest?

NPM members and staff should be independent from their previous functions. For example, a lawyer cannot follow the case of /or interview one of his or her clients during a prison visit. Likewise, an NGO representative should not provide information to his or her former NGO related to the case of a detainee of interest. Assigning NPM members to work on a full-time basis and ensuring they do not undertake any other professional activity can help mitigate this risk. In addition, it is good practice to include a provision in the law establishing the NPM relating to situations of conflict of interest.

In some cases, members or staff may have social or friendship ties with, for example, penitentiary authorities or detainees. In such case, the member or staff is in a temporary situation of conflict of interest and should declare it, as well as refrain from related interviews or from participating in a specific visit.

The expertise of members and staff with previous professional experience in places of deprivation of liberty may help the NPM to better understand the detention system. However, it could put this person, as a former colleague, in a delicate position and make him or her unable to give constructive and objective feedback. In this case, members or staff could contribute to the preparation of a visit to a place where they have worked in the past, without participating in the visit itself.

NPMs resort sometimes to external experts – with previous experience and knowledge in the field of law enforcement or administration of justice – for advice or to accompany visits to places of detention, without being part of the NPM composition, in order to avoid situations of conflict of interest.  

NPM work is operational and demanding. Consequently, members should be paid in accordance with their level of expertise and responsibility. This enables members to work exclusively for the NPM and help in avoiding situations of conflict of interest, where a member or staff of an NPM keeps his or her original job during his or her tenure. 

Institutional development

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.”

Institutional development

Which skills and other requirements should NPM members and staff have?

Methodological Skills:

  • Good listener: NPM members and staff conduct interviews with detainees and personnel during their visits to places of deprivation of liberty. In order to create a relationship of trust and be informed about the conditions and treatment in places of deprivation of liberty, NPM members and staff should listen carefully to what is said (and left unsaid) and pay attention to details.
  • Observation skills: NPM members and staff should observe, listen, smell and feel everything around them in places of deprivation of liberty. This will enable them to have a sound analysis of the situation, detect any possible irregularities or good practice and make appropriate recommendations. Observation is an essential skill to be able to triangulate information.
  • Writing skills: The members and staff of NPMs are required to write concise and analytical reports (including visit, thematic and annul reports), which contain findings and clear recommendations. Good reports are not only the institutional memory of an NPM but also an effective tool for dialogue with state authorities and for the sensitization of the public on issues related to detention.  
  • Analytical skills: The NPM members and staff gather a large amount of information (documents, interview data, statistics, etc.). It is important to verify and analyze this data before reaching conclusions and drafting recommendations. The NPM team should be able to process the information obtained in an objective manner and translate it into specific and accurate recommendations.

Personal Characteristics:

  • Communications skills: NPM members communicate with senior state authorities, personnel, detainees, families of detainees and, in some cases, victims of torture and other forms of ill-treatment. They should be professional, empathetic and capable of building a rapport with these and other types of people.
  • Group dynamics and team players: NPM members and staff should act as a team. NPMs are usually created by a group of people with diverse expertise and backgrounds who have not previously worked together. Nevertheless, they should foster positive group dynamics, which will enable them to work together in developing a strategy, identifying priorities and modalities of work, conducting visits, writing reports and making recommendations as a team.
  • Respect and sensitivity: visits to places of deprivation of liberty affect the daily working pattern of each place. Therefore, members and staff should be respectful and mindful of the rules and regulations of each place they visit. During visits, members and staff of an NPM should also show respect to the living spaces of detainees (such as cells).
  • Consideration of vulnerabilities: NPM members and staff should be able to detect situations of vulnerability, give them special attention and assess whether or not specific measures are required to uphold the human rights of those at risk.
  • Availability and flexibility: being a member or staff of an NPM is a demanding job. It requires the flexibility and availability to conduct visits (including sometimes) at night and during weekends. It also requires going on long visits (one to two weeks in some cases) and in areas or regions far from home and sometimes in difficult conditions (including in relation to both accommodation and transportation). Members and staff of NPMs should consider these unusual work circumstances and deal with them with flexibility and a sense of responsibility.
  • Integrity to the institution: each member or staff of the NPM represents the NPM and its priorities and methodology of work. Members and staff should focus on the implementation of the NPM objectives, not those of other institutions or originations -e.g. NGOs, government departments etc.
  • Human rights-based approach: there are a number of specific treaties and guidelines on the rights of persons deprived of liberty and the rights of persons in situation of vulnerability. NPM members and staff should adopt a comprehensive human rights-based approach, aiming to protect the human rights of all those deprived of liberty, without discrimination, and to uphold the inherent dignity of all as the benchmark for evaluating conditions and treatment of persons deprived of liberty.
Institutional development

What are the other key considerations for the designation of members and staff of an NPM?

According to article 18.2 of the OPCAT, states parties “shall strive for a gender balance and adequate representation of ethnic and minority groups in the country.”

The gender balance and representation of different ethnic and socio-cultural groups within the NPM may increase its capacity to understand the specific needs of groups in situations of vulnerability in detention and, consequently, to make appropriate recommendations. Depending on the NPM model, this balance should be fulfilled and complemented in the designation of both members and staff.

Members should also have a diverse understanding of specific groups in detention (such as socio-cultural and ethnic minorities) and be culturally sensitive.

Institutional development

Should NPM members and staff have the same privileges and guarantees?

Because of the work they do and the information to which they have access, both members and staff should have immunity from any threats or influence related to their work.

Staff conducting visits to places of detention should equally enjoy guarantees against intimidation and attempts to hinder their work.