Which requirements should external experts meet?

The OPCAT (article 18) requirements of independence, capabilities and professional knowledge for NPM staff and members should equally apply to external experts who will officially represent the NPM. NPMs should be aware that conflicts of interest may arise when external experts exercise other functions outside their NPM work that can interfere with their duties as NPM experts. Such conflicts of interest can manifest themselves in different ways, for example when a medical doctor is reluctant to question the practices of his/her peers during a visit or when an expert (lawyer, NGO expert) has access to confidential information during an NPM visit that could also be of use for his/her activities outside the NPM. The NPM should ensure that all external experts are bound by and respect the confidentiality of the information gathered during NPM visits. If an external expert regularly conducts visits to or provides services in places of detention outside the NPM, it should be aware that their presence in the NPM visiting team could create confusions with regard to their role and lead to questioning of the NPM working methods and future findings by the detention authorities, due to the perceived lack of independence of this expert.

When working for the NPM, the role of external experts should prevail over their main profession or function exercised outside the NPM. It is therefore essential to make clear in the experts’ contracts (and/or in a code of conduct applicable to those working for the NPM), that they must prioritise the NPM’s interest when acting on its behalf and that they do not act in their individual capacity, nor do they represent the other organisation/institution they work for outside the NPM.