What are the advantages and disadvantages of a new specialised institution as an NPM?

As with all NPM models there are a number of challenges and opportunities that relate to the establishment of a new specialised institution as NPM.

• Institutions that precisely conform to the requirements of the OPCAT. In many states, the creation of a new specialised institution as NPM follows a process which concludes that existing oversight bodies are not suitable or are unwilling to take on a new NPM mandate. This may be for a variety of reasons, including lack of independence or poor reputation, or the fact that the NPM mandate is not seen as sufficiently compatible with the powers, working methods or priorities of an existing body. In such cases, an opportunity exists to create an institution with a mandate, independence, visiting and advisory powers, and other guarantees, that precisely to match OPCAT requirements. By starting from scratch, such institutions have an opportunity to build multidisciplinary teams, define working methods, and create relationships with the authorities that are wholly oriented towards prevention.
• Risk of duplication. Nevtheless, when creating a new institution there is a clear risk that it will duplicate at least some of the functions of existing bodies – some of which may have detention-related mandates or powers. Care thus needs to be taken to map the existing institutional landscape, and develop good working relationships (possibly including: cooperation mechanisms, information sharing agreements, or other systems) that ensure the most efficient working conditions for the NPM as well as the best possible level of protection for persons deprived of their liberty.
• Starting from scratch. A further challenge for new specialised institutions is the logistical and technical difficulty of starting from scratch. The challenge of establishing basic processes and prerequisites – including just finding office space – can seriously delay an NPM’s ability to start work.