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Visit reports
Activities

What is the difference between internal notes and visits reports?

Visit reports are different from internal notes kept by NPMs on their visits. It is recommended that the visiting team draw up internal notes on their visits and save them as written trace and record of each visit, thus contributing to the NPM’s institutional memory. 

Internal notes serve as internal resources for the drafting of visit reports by the NPM team but not everything needs to be included in the final visit report. The NPM will likely choose strategically what information to include in the report, depending on the objectives that have been established for the visit.  

Usually internal notes focus on information gathered prior to and during the visit by the NPM. They include first hand observations, notes from interviews, photographs or sketches and information from registers and other relevant documentation. As a general rule, internal notes do not include references to the legal framework or in depth analysis or recommendations, which will be drafted later, as part of the visit report itself. 

Activities

Should NPMs publish their visit reports?

The OPCAT provides only an obligation to publish the NPM annual report. However, as NPMs (in contrast with the SPT) are not bound by the rule of confidentiality, it is recommended that they publish visit reports, either one at a time or in collections covering several visits. As noted above, public reports contribute to making issues known to all interested stakeholders, including relatives of detainees and the wider public, and to enhancing the accountability of the authorities an dthe NPM’s legitimacy and visibility.  

 

In its NPM assessment tool, the SPT mentions that “Visit reports, including recommendations, should, in principle, be published. Exceptions may exist where the national preventive mechanism considers it inappropriate to do so or where there is a legal impediment.”  

 

When publishing their visit reports, the NPM should disseminate the report as widely as possible. This may include uploading visit reports to their websites and disseminating them through their social media channels.  

 

Publication of reports can be a strategic decision for NPMs. As there is no general applicable rule, NPMs can strategically assess when and how to publish their reports. It may depend on the goals the NPM would like to achieve.  

Activities

How should NPM visit reports be disseminated?

Visit report are the basis for dialogue towards desired change and it is essential that they are addressed to the right recipients: the authorities that can take measures and implement recommendations. Usually, it is good practice that both the head of the visited institution and the relevant line ministry receive the report simultaneously.  

 

The NPM should also ensure that any other stakeholders responsible for, or with decision making power on the implementation of recommendations receive the relevant reports, including members of parliament and the judiciary. 

 

Some NPMs are mandated by their founding legislation to send their visiting reports to a few authorities explicitly indicated in the law. 

 

In addition, some NPMs follow-up with a presentation of the visit report, findings and recommendations to the head, staff and detained persons in the place visited, in order to ensure understanding, buy-in and implementation of the recommendations. Some NPMs also sent the visited place several copies of the report, for internal dissemination, including to persons deprived of their liberty. 

Activities

How long should a visit report be?

The length of a visit report usually depends on the type and size of place visited, the length of the visit, the number and complexity of issues identified and the objective of the visit (whether it is an in-depth visit, a follow up visit, an ad hoc visit or a reactive visit). In general, a balance should be found between providing exhaustive information about the visited place and having a readable and understandable visit report where priority issues and NPM recommendations are easy to find and understand.  

 

The NPM visit report on the first visit to a place is usually more detailed, providing a baseline assessment of the visited place. The following reports are usually more concise and refer to earlier reports when discussing basic information on the facility. Follow up reports, for example, may only address new or complementary issues, highlight key issues and recommendations raised in the first report yet not addressed by authorities and acknowledge recommendations implemented by authorities since the previous visit.  

 

Having a reader-friendly report usually means not going beyond a few dozen pages, although this again may vary depending on the report’s content (including the use of pictures and visuals) and the objective of the visit.  

 

Practice from NPMs has shown that very extensive reports may not be the most effective way to reach out to authorities. Often authorities or other interested parties may skip the descriptive section of the report and focus only on the recommendations. Therefore, an option for public versions of visit reports could be to include a short executive summary with a concise analysis of the most urgent issues identified by the NPM, a summary of the main findings and the recommendations issued to the different targeted authorities. 

Activities

What should be the structure of a visit report?

Visit reports may differ from one NPM to another, and from one context to another. Nevertheless, a visit report may contain some or all of the following information: 

  • An executive summary: compiling the key findings, analysis and recommendations formulated by the NPM. The executive summary can also be published as a separate document from the full visit report. A compilation of all recommendations can also be included as a separate section. 

  • Introductory information about the visiting process: information about the visiting team members and composition, the visit date/s and the visit background (first visit or follow-up visit), acknowledgment of cooperation by authorities, as well as any specific focuses of the visit, if relevant.  

  • Background information about the visited place: name of the institution, type, location, size, occupancy rate. 

  • In the case of a follow up visit and report, a section about changes can be included in the report (often at the beginning or in each thematic subsection). 

  • A substantive part on the conditions and treatment of persons deprived of liberty in the visited place, possibly organised thematically: 

  • Particular attention should be paid to the triangulation of information. This means making sure that all information in the report has been cross-checked using different sources (including interviews with persons deprived of liberty and authorities, examination of registers and other relevant documents, and direct observation), to ensure its reliability. 

  • It is essential to preserve the confidentiality of the data collected by the NPM, making sure that any information provided by the NPM in its visit report is not attributable to specific persons (whether detainees or staff members) unless they receive express and informed consent. In this regard, some NPMs use pseudonyms (such as person X or Y) to disguise the identity of those they wish to refer to. 

  • Good practices: Many NPMs also highlight good practice they observe during their visit – this does not need to be a specific section but can be inserted as needed in the text.  

  • Analysis in light of the national and international norms and standards. Visit reports may include relevant legal standards, policies and good practices, particularly as this will reinforce recommendations. 

  • Recommendations: visit reports should also include recommendations for authorities on how to remedy the systemic issues identified during the visit. It is crucial that NPM recommendations are based on high quality objective evidence and analysis, documented in the report.  

  • Recommendations can be presented either at the end of each section of the report or directly following the text of observations and analysis of the issues. When the recommendations are inserted throughout the report, it is advisable that they be numbered and highlighted in bold, enabling the reader to quickly spot the recommendations in the document. It is also good practice to compile all the recommendations at the end or beginning of the report.  

Activities

What is the process for drafting and approving visit reports?

While the detailed process varies depending on the type of NPM institution, the reporting process is a collective and inclusive effort, before, during and after the visit that may include the following steps: 

 

  • A standard visit format is developed and agreed upon within the NPM; 

  • Before the visit, a draft report outline is prepared and agreed upon by the visiting team, based on the objectives and type of visit. This outline serves as a basis to divide tasks and responsibilities, and for note taking during the visit, among the members of the visiting team.  

  • After the visit, the visiting team leader will usually collate the notes of all visiting team members and from the final talk with the head of the visited institution and then propose a first draft of the visit report, including any potential recommendations; 

  • All members of the visiting team are given the opportunity to review this first draft, and to comment on it if relevant. In cases where the visit involved external experts- or in the case of “Ombudsman plus” NPM models, partner NGOs- external members of the visiting team should be given the same opportunity to be consulted as the NPM; 

  • The visiting team leader finalizes the draft visit report; 

  • The draft visit report is sent for approval to the Head of the NPM and/or to the head of the institution (in case of NPMs as NHRIs). 

 

Some NPMs have internal rules, such that they send their reports for internal review and edits by staff who have not taken part in the visit, including, for example, by legal advisers, data and statistics analysts, and researchers. 

 

Finally, a good practice implemented by some NPMs is to send their final draft visit report to the head of the visited places for factual checks and reviews. This avoids factual mistakes and inaccuracies while at the same time allowing the authorities to have a first look at the content. The visit report is finalized after this factual check by authorities, with the final decision about what to include always being taken by the NPM. 

Activities

Why draft visit reports?

Although drafting visit reports is not an obligation under the OPCAT, it is part of the general mandate of “making recommendations to the authorities with the aim of improving the treatment and the conditions of persons deprived of liberty” under article 19 of the OPCAT. Writing and publishing visit report is therefore a recommended practice, including by the UN Subcommittee on Prevention of Torture (SPT) in its Guidelines on national preventive mechanisms (CAT/OP/12/5, para 36). 

 

There are a number of reasons why NPMs draft reports in general. In addition to these general points, visit reports are an essential tool for some specific reasons: 

 

  • Systematize the NPM’s findings, observations and recommendations  

Visit reports are a core tool to enable the NPM to systematize the information gathered before and during visits to places of deprivation of liberty. They include analysis of a situation at a point in time, based on sound methodology and triangulation of information. Visit reports include analysis that underpins recommendations for change and which enable a comparison of what is happening in places of detention in light of international and national standards and laws. 

 

  • Provide a baseline and allow observation of changes 

Visit reports serve as an important baseline for NPMs to be able to measure implementation of recommendations and changes over time.  

 

  • Ensure coherence of NPM work over time 

Visit reports follow a certain format and structure and should be harmonized across visits (even if they will likely evolve somewhat over time). By drafting visit reports that follow a similar structure, NPMs can ensure coherence of their methodology and work over time 

Activities

What is an NPM visit report?

A visit report is a written document in which NPMs record their findings and analysis following a monitoring visit to a place of deprivation of liberty.  

 

In general, NPM visit reports include the main findings observed by the NPM during the visit, from their first-hand observations, interviews carried out with persons deprived of liberty and staff, and consultation of registers and other documents. Visit reports also usually include systemic analysis of the risks of torture and other ill-treatment in the visited place and recommendations to detaining and other relevant authorities. 

 

Visit reports complement other types of reports NPMs may publish, including annual reports and thematic reports.