Mandate and Method
The UN Convention against Torture states that torture and inhuman treatment are strictly prohibited and that no exceptions can be made from this prohibition under any circumstances.
Every year, people are deprived of their liberty because of criminal offences, mental illness or for other reasons. These people are particularly vulnerable and face an increased risk of torture and other cruel, inhuman or degrading treatment or punishment. The Optional Protocol to the UN Convention against Torture (OPCAT) is an international human rights treaty that seeks to protect people deprived of their liberty.
The Parliamentary Ombud’s mandate
On 21 June 2013, the Storting decided that Norway would ratify the Optional Protocol to the Convention against Torture (OPCAT). The Parliamentary Ombud was assigned the task of exercising the mandate set out in the OPCAT. The Ombud has a special responsibility for investigating whether the human rights of people who are deprived of their liberty are safeguarded and for preventing torture and inhuman treatment. Work produced under this mandate also gives the general public more insight into the conditions at facilities where people are deprived of their liberty.
The National Preventive Mechanism
Based on this mandate, the Parliamentary Ombud established a dedicated national preventive mechanism at its office in 2014. The National Preventive Mechanism (NPM) makes regular visits to facilities where people are deprived of their liberty, such as prisons, police custody facilities, mental health care institutions and child welfare institutions. On the basis of these visits, the Parliamentary Ombud issues recommendations for the purpose of preventing torture and other cruel, inhuman or degrading treatment or punishment.
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Definitions
Deprivation of liberty
Any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of the authorities.
Place of detention
Any place under the State's jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence.
Cruel, inhuman or degrading treatment
When a person is exposed to great physical or psychological pain or suffering, and the act is committed by a public servant, or by a private individual acting on behalf of a public servant.
Torture
When a person is exposed to great physical or psychological pain or suffering in order to obtain information or a confession, or to punish, intimidate, threaten or force the subject into submission.
METHOD
Many different factors can have a bearing on the scope of torture and ill treatment. Effective preventive work therefore requires a holistic approach. In addition to visiting facilities where people have been deprived of their liberty, the preventive work consists of public outreach, ongoing dialogue with public authorities and civil society, and collaboration with international human rights bodies.
1. Visits to places of detention
The Parliamentary Ombud’s National Preventive Mechanism (NPM) visits facilities all over Norway where people are deprived of their liberty. The NPM can make both announced and unannounced visits.
2. National dialogue
In order to fulfil its mandate of effectively preventing torture and inhuman treatment, the Parliamentary Ombud depends on good dialogue with the responsible authorities at the national, regional and local level. Regular meetings with official bodies, such as ministries, directorates and county governors, are an important element in the preventive work. The Parliamentary Ombud also engages in dialogue with relevant civil society actors and shares the findings and recommendations of its National Preventive Mechanism visits with those who are deprived of their liberty.
3. International cooperation
The Parliamentary Ombud cooperates with several international players in connection with its preventive work, particularly with the UN Subcommittee on the Prevention of Torture (SPT).