Why is dialogue with the authorities important?

The OPCAT places a specific obligation on the authorities to enter into a dialogue with NPMs in relation to their recommendations (Article 22). Although no similar obligation is clearly set for NPMs under the treaty, it is widely recognised that dialogue forms the core of their preventive mandate, as also established by the SPT in its Analytical assessment tool for NPMs, (CAT/OP/1/Rev.1, para. 9(a)).

Dialogue with the authorities may serve different purposes. It is key to achieve long-term and sustainable changes, especially considering that recommendations made by NPMs are usually not binding on the authorities. Having a meaningful and sustained dialogue is an essential tool in the hands of NPMs to give further explanations to the authorities regarding the problems observed and the recommendations issued. Dialogue is also very important to understand the point of view and challenges faced by the authorities in implementing NPM recommendations, to identify good practices and, on this basis, to discuss possible solutions to the problems encountered. Dialogue also creates a constructive climate that helps overcoming resistance and bringing about change.

Dialogue is also key to make the institution and its mandate known by the relevant authorities. It allows NPMs to build their legitimacy and to position themselves as reference institutions on issues related to deprivation of liberty, in order to exercise leverage and increase the impact of their recommendations.

The NPM also engages in dialogue with the authorities to ensure its own sustainability over time, for example by discussing and agreeing upon its annual budget with the competent authority. Dialogue is also helpful – although in some cases not sufficient – to overcome obstacles that NPMs may face in the implementation of their mandate, for example, when they are denied access to a specific place of detention.