Integration and European Affairs. Each NPM body has different There are no uniform national Implemented through national No uniform national Question 3: Did this country monitoring responsibilities undertake a process to standards in respect of legislation (loi 2007/1545) standards. The Federal depending on the detention develop national standards inspection procedures and and drawing on decisions by Agency has had regard to setting. The minimum regarding: minimum conditions. the European Court of relevant domestic case law, conditions will also depend on However, the NZ Human Human Rights, relevant the case law of the European the detention setting. Rights Commission adapted French laws, as well as the Court of Human Rights and (a) how inspections of international standards (such HMIP has published Declaration of the Rights of the recommendations of the places of detention should as UN guidelines) to produce 'Expectations' ie the Man and of the Citizen of CPT and the SPT. It has also take place; and – a chart of standards given to standards of treatment and 1789 consulted with NGOs and each of the NPM bodies. Each conditions expected of a detention facilities. (b) the minimum NPM has tailored these to the custodial establishment. They conditions necessary in institutions they visit. There is to international human places of detention to a substantial level of rights standards and the comply with relevant human interaction and consultation regulations by which the rights obligations? between the various NPM establishment is run. It bodies in formulating their includes expectations for: relevant 'standards'. prisons, children & young people, Close Supervision Centres, immigration detention, police custody, court custody, UK Armed Forces, and Border Force. Question 4: Did the country The OPCAT Ratification Law pass national, New Zealand passed national Designation of NPM was by An "approval statute" (which was approved by the Senate state/provincial legislation legislation to implement way of Ministerial statement. renders international laws on 30 July 2008. to implement OPCAT into OPCAT into domestic law. binding under German domestic law and practice? On 17 December 2008, national law) was passed by Subsequent legislation has If so, what did the legislation President Sarkozy passed a the Bundestag on 26 August Legislation passed in 2006 with the specific powers broadly cover? If not, did decree whereby the text of 2008, implementing OPCAT in amended the Crimes of of NPM and the this country undertake a the protocol officially became its entirety Torture Act 1989 (COTA). implementation of OPCAT. different process to ensure the law of France.
Integration and European Affairs. Question 3: Did this country undertake a process to develop national standards regarding: (a) how inspections of places of detention should take place; and (b) the minimum conditions necessary in places of detention to comply with relevant human rights obligations? There are no uniform national standards in respect of inspection procedures and minimum conditions. However, the NZ Human Rights Commission adapted international standards (such as UN guidelines) to produce a chart of standards given to each of the NPM bodies. Each NPM has tailored these to the institutions they visit. There is a substantial level of interaction and consultation between the various NPM bodies in formulating their relevant 'standards'. Each NPM body has different monitoring responsibilities depending on the detention setting. The minimum conditions will also depend on the detention setting. HMIP has published 'Expectations' – ie the standards of treatment and conditions expected of a custodial establishment. They to international human rights standards and the regulations by which the establishment is run. It includes expectations for: prisons, children & young people, Close Supervision Centres, immigration detention, police custody, court custody, UK Armed Forces, and Border Force. Implemented through national legislation (loi 2007/1545) and drawing on decisions by the European Court of Human Rights, relevant French laws, as well as the Declaration of the Rights of Man and of the Citizen of 1789 No uniform national standards. The Federal Agency has had regard to relevant domestic case law, the case law of the European Court of Human Rights and the recommendations of the CPT and the SPT. It has also consulted with NGOs and detention facilities. Question 4: Did the country pass national, state/provincial legislation to implement OPCAT into domestic law and practice? If so, what did the legislation broadly cover? If not, did this country undertake a different process to ensure New Zealand passed national legislation to implement OPCAT into domestic law. Legislation passed in 2006 amended the Crimes of Torture Act 1989 (COTA). Designation of NPM was by way of Ministerial statement. Subsequent legislation has with the specific powers of NPM and the implementation of OPCAT. The OPCAT Ratification Law was approved by the Senate on 30 July 2008. On 17 December 2008, President Sarkozy passed a decree whereby the text of the protocol officially became the law of France. An "approval statute" (which renders international laws binding under German national law) was passed by the Bundestag on 26 August 2008, implementing OPCAT in its entirety
20180618_OPCAT_Stage2_ConsultationPaper_Interim_report.docx