3.5 Thematic reports Thematic reports are documents in which NPMs focus on a single issue linked to the risk of torture and ill-treatment. A thematic report might, for example, contain an in-depth analysis of: a particular practice, such as the use of restraints across a range of detention settings; a particular moment or period of detention, such as the first hours after arrest; a particular group in situations of vulnerability, such as the treatment of children in different places of detention; or a particular type of institution, such as closed psychiatric facilities. Why draft a thematic report? NPMs may choose to publish thematic reports to address complex and systemic issues that span multiple detention settings, offering comprehensive recommendations targeting a broad range of institutions and practices. These reports can effectively highlight and propose solutions for widespread problems beyond individual visits and can attract media attention to generate political will, influencing changes in laws and policies. Additionally, thematic reports serve as valuable tools for raising awareness and educating the public and policymakers about intricate detention issues, showcasing the NPM’s role and impact. However, they should complement, not replace, visit reports, as follow-up on thematic reports can be more challenging due to dispersed responsibilities and potential evasive practices by some institutions. Thus, NPMs might prioritise visit reports before developing thematic reports. How to choose a topic for a thematic report? The point of departure when considering a thematic report should always be findings identified through the NPM’s regular visits to places of detention and be anchored in the NPMs ‘findings on the ground’. A number of considerations are important for NPMs when choosing a topic for a thematic report. These may include: • Where the same or similar issues are found in a number of places of deprivation of liberty of the same type (such as police establishments or psychiatric hospitals), often with a common, systemic, cause. An example of this might be failings in the way police inform suspects of their rights or provide access to a lawyer, following arrest. • When related issues are present across a number of different types of places of deprivation of liberty. This might include issues faced by a particular group in situations of vulnerability, such as children in both police stations and long-term detention facilities, or a particular set of practices and procedures that increase the risk of torture, such as seclusion or the use of restraints. • Themes where previous visit reports or recommendations have not led to the required change – particularly where such changes require new political will. • Areas where there has been no or very little attention paid previously, either by the NPM or other oversight bodies, such as closed psychiatric institutions or aged care homes, for example. • When it is in line with their strategy to do so, NPMs may also consider linking topics for thematic reports to those under consideration by international and regional human rights institutions, in order to magnify their visibility. For example, in the run up to a state appearing before the Child Rights Committee, an NPM could consider adopting a thematic focus on children in detention. • Patterns and systemic issues that the NPM has identified during their regular visits that require sustained attention. NPM Toolkit for Asia Pacific NPM-NHRIs 27

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