2.4 Working with external experts
External experts are individuals hired by the NPM to support specific activities, typically visits to
places of detention, or other functions like legal advice. They are not NPM staff or members but bring
specialised knowledge to enhance the NPM’s work, particularly in areas requiring specific expertise or
lived experience.
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.
Overall, external experts must meet OPCAT standards for independence, capability, and professional
knowledge. They should avoid conflicts of interest and respect confidentiality. Their NPM role should
take precedence over other professional duties, and this priority must be clearly stated in their contracts.
What is the status of external experts (rights and obligations)?
External experts are not NPM members or staff but should receive initial and ongoing training to align
with NPM standards. They must have privileges and immunities similar to NPM members while acting
on behalf of the NPM. Their obligations include maintaining confidentiality and adhering to OPCAT
guidelines on personal data.
External experts should, in addition, be entitled to privileges and immunities in the course of their NPM
duties, both during and after their collaboration with the NPM, as required under OPCAT article 35 for
NPM members. Those include, in particular, immunity from personal arrest, detention and seizure of
personal baggage as well as immunity from seizure or surveillance of papers and documents.
What is the role of external experts?
External experts typically assist in visits by providing specialised input and should be involved in
planning, executing, and reporting on visits. They should also contribute to preparatory meetings and
post-visit debriefings.
What are the different modalities of working with external experts?
Different modalities exist with regard to how NPMs select and work with external experts. Below is a
broad categorisation of some of the existing modalities of NPMs’ work with external experts:
1. A pool of individual experts, usually contracted following a public call, and available, as part of the
pool, to perform different NPM functions during a specific time period.
2. Individual experts recruited on an ad hoc basis to accompany visits (outside of any official pool).
3. Individual experts recruited as per an agreement between the NPM and an association or
organisation (e.g. professional association, NGO, etc.) but who will be working in their individual
capacity
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NPM Toolkit for Asia Pacific NPM-NHRIs