How can NPMs follow-up on recommendations?

Objectivity, accuracy and good analysis are the foundation of a good relationship with the authorities. While the authorities are unlikely to always agree with the content of recommendations, they should never be able to question their accuracy or their factual or normative basis.

Effective follow-up is based on dialogue with the authorities. This dialogue takes place at several different stages. During the drafting phase, many NPMs send draft reports and recommendations to the authorities, in order to receive feedback, allow for corrections (to factual errors only), and ensure the authorities are prepared for implementation.
Some NPMs also organise face-to-face discussions with the authorities on their draft recommendations, in order to ensure buy-in at an early stage, including among the heads of specific institutions. Closed-door roundtables to discuss thematic issues (including reports and recommendations) with the authorities can make them better and more specific, as well as making it more likely that they will be implemented. Either during these discussions, or following publication, some NPMs ask the authorities to propose a timeline for implementation, which can then form the basis for follow-up. In some contexts timelines for responses by the authorities are enshrined in law.

Following publication of reports and recommendations, some NPMs also return to the places to which they relate, in order to present them to the management and staff of the establishment, to make sure they understand them and to answer any questions they might have about specific recommendations.

Many NPMs also ask the authorities to report to them on the progress of implementation of different recommendations and some also agree with the authorities on an action plan for implementation. It is also important, however, that NPMs conduct follow-up visits to check implementation in practice. This is to ensure that recommendation have been implemented correctly as well as to make sure that they are having the desired effect on conditions or treatment of those deprived of their liberty. Formal meetings and exchanges are also complemented by many NPMs with regular exchanges between the NPM and focal points within the different authorities and other stakeholders. Some NPMs have called the ideal level for this kind of relationship “close but not too close”. In other words, close enough to have a good working relationship, while not infringing on the independence of the NPM.

Some NPMs also use other government monitoring bodies and inspectorates (whether they are called external or internal) in follow up of recommendations. By targeting such bodies as part of their follow-up to recommendations, some NPMs have helped them to adjust their own inspections and methodology to cover the risks of ill-treatment or even in relation to a specific recommendation made to an institution or across a whole sector.