What are the synergies between complaints and the NPM’s preventive
mandate?
Complaints received by NPMs are valuable for identifying systemic issues and shaping their preventive
strategies, as they help pinpoint priority areas for legislative reforms, guide the preparation and focus
of visits, and determine the need for ad hoc or reactive visits. Complaints should be systematically
recorded and analysed to detect patterns, but they should not be the sole criterion for prioritising
actions, as a lack of complaints does not necessarily indicate a lack of problems. Complaints can also
serve as evidence in reports and meetings with authorities and highlight issues with the implementation
of previous recommendations.
What internal procedures should NPMs put in place to receive and handle
complaints?
NPMs should develop clear procedures for receiving and handling complaints, ideally in coordination
with other departments within larger institutions. These guidelines should address the internal
organisation of complaint management, including whether to create a dedicated unit or focal point, and
outline processes for receiving, acknowledging, analysing, and classifying complaints. Recording all
relevant details, such as the type of complaint, concerned individuals, and actions taken, is crucial for
identifying patterns and integrating complaints into the NPM’s preventive work.
Confidentiality and protection of data are paramount, with personal information not published without
consent except in exceptional cases where sharing is necessary to prevent harm or address serious
violations. NPMs should also implement measures to prevent reprisals against complainants, such as
interviewing a broad range of detainees and conducting follow-up visits to ensure safety. Additionally,
protecting sensitive information through secure storage and considering direct communication with
detention management about general issues can further safeguard those involved.
Case Study
Country Y has seen a significant influx of migrants, leading to the establishment of several
migrant detention centers. Media reports highlight inhumane conditions and ill-treatment
in these centers. One notable case involved a family from Country Z, detained for over
six months under deplorable conditions. The detained family faced overcrowding, poor
sanitation, and lack of access to basic healthcare. Additionally, they experienced verbal
abuse and threats from the detention staff. The children in the family were particularly
affected, showing signs of psychological trauma. The staff in the center were largely
untrained in handling vulnerable populations, and there was a lack of clear guidelines on
detainee treatment. Despite these media reports, public awareness about the conditions
in migrant detention centers is minimal, leading to little external pressure for reform. There
is also a general lack of understanding among the public about the rights of migrants.
Role of NHRI Departments in Follow-Up
Consider the following questions in this case study:
•
What is the role for the NPM in relation to this case?
•
Which other NHRI departments should be involved in follow up and how?
•
What kinds of information should be shared among NHRI departments to enable effective follow up?
•
Have you come across similar issues in your country? How did you address them?
NPM Toolkit for Asia Pacific NPM-NHRIs
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