How to interact with the SPT in its advisory capacity?
Outside the context of SPT visits, the SPT also has a mandate, under article 11 of the OPCAT, to provide advice to NPMs and to support and strengthen them in their preventive work. This requires ongoing direct contact, in particular outside the context of SPT country visits. The basis for these interactions is set out in the SPT Rules of Procedure.
Because the SPT is organised into regional teams, each with a regional head and country rapporteurs, these groups and individuals will usually be the first point of contact for NPMs, outside of in-country visits.
This might include several types of interactions, including: meetings with NPMs during SPT sessions in Geneva (both face to face and via video-conference); participation by SPT members in national activities; participation by the SPT in NPM regional meetings and workshops; and ongoing written and oral communication.
Many NPMs also update the SPT in relation to other issues, including state compliance with OPCAT obligations (including, for example, attacks on NPM independence). Some NPMs have also contacted the SPT in relation to thematic issues or developments in detention, which can be useful in helping the SPT to plan future visits. In relation to some of these issues, the SPT can play a useful role by intervening directly with the state party. Finally, some NPMs have asked the SPT for authoritative interpretations of specific articles of the OPCAT.
It is also common practice for NPMs to share their annual reports with the SPT, who post them publically on their website.
Finally, the SPT can sometimes provide advice to NPMs without being in direct contact, by providing general guidance and recommendations on NPM functioning through its publications, “guidelines on NPMs” and annual report.