together in developing a strategy, identifying priorities and modalities of work, conducting visits, writing reports and making recommendations as a team. Respect and sensitivity: visits to places of deprivation of liberty affect the daily working pattern of each place. Therefore, members and staff should be respectful and mindful of the rules and regulations of each place they visit. During visits, members and staff of an NPM should also show respect to the living spaces of detainees (such as cells). Consideration of vulnerabilities: NPM members and staff should be able to detect situations of vulnerability, give them special attention and assess whether or not specific measures are required to uphold the human rights of those at risk. Availability and flexibility: being a member or staff of an NPM is a demanding job. It requires the flexibility and availability to conduct visits (including sometimes) at night and during weekends. It also requires going on long visits (one to two weeks in some cases) and in areas or regions far from home and sometimes in difficult conditions (including in relation to both accommodation and transportation). Members and staff of NPMs should consider these unusual work circumstances and deal with them with flexibility and a sense of responsibility. Integrity to the institution: each member or staff of the NPM represents the NPM and its priorities and methodology of work. Members and staff should focus on the implementation of the NPM objectives, not those of other institutions or originations -e.g. NGOs, government departments etc. Human rights-based approach: there are a number of specific treaties and guidelines on the rights of persons deprived of liberty and the rights of persons in situation of vulnerability. NPM members and staff should adopt a comprehensive human rights-based approach, aiming to protect the human rights of all those deprived of liberty, without discrimination, and to uphold the inherent dignity of all as the benchmark for evaluating conditions and treatment of persons deprived of liberty. What do independence and impartiality mean for NPM members and staff? Article 18.1 of the OPCAT requires state parties to guarantee the functional independence of the institution and ensure that the institution is composed of independent personnel. NPM members and staff must be independent from state authorities and other institutions, both personally and institutionally. They should operate free from any interference, with security of tenure to protect their independence. They must avoid conflicts of interest, such as past ties to institutions they now oversee. In this regard, the SPT guidelines state that “the State should ensure the independence of the NPM by not appointing to it members who hold positions which could raise questions of conflicts of interest […] Members of NPMs should likewise ensure that they do not hold or acquire positions which raise questions of conflicts of interest.” Which situations could represent a conflict of interest? NPM members and staff should be independent from their previous functions. For example, a lawyer cannot follow the case of /or interview one of his or her clients during a prison visit. Likewise, an NGO representative should not provide information to his or her former NGO related to the case of a detainee of interest. Members should not work on cases related to their prior roles or personal connections, and should declare any potential conflicts. They must avoid situations where their impartiality could be questioned, such as former colleagues influencing their work. Can seconded state officials or civil servants work for NPMs? While seconded state officials can work for NPMs, they must be fully dedicated to NPM work and selected through a transparent, merit-based process. Seconded staff should not hold leadership positions in the NPM. NPM Toolkit for Asia Pacific NPM-NHRIs 11

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