Preventing Torture An Operational Guide for National Human Rights Institutions
the Government as an economical way of implementing its responsibilities under the Optional Protocol.
As highlighted in the Nairobi Declaration, NHRIs can undertake this additional mandate only if they are
provided with the necessary human and financial resources.
3.2.2. Mandate
NHRIs have a mandate to handle complaints and to investigate and document cases of human rights
violations. Undertaking the role of NPM, which involves regular preventive visits and establishing a
constructive dialogue with authorities, may require the NHRI to make significant conceptual and structural
changes. The NHRI should take time to reflect on the new mandate and ensure that all staff members
have a clear understanding of the preventive approach. It is also advisable to establish a separate unit
within the NHRI to take on this preventive function. This can help avoid confusion among the authorities
or detainees about the specific mandate of the NPM.
The fact that the NHRI already undertakes visits to places of detention is not, in itself, sufficient to ensure
that these visits will meet the requirements of the Optional Protocol. The preventive visits described in
the Optional Protocol differ in their objectives and their approach from other types of visits, in particular
visits to investigate complaints of torture and ill-treatment.
Image: International Committee of the Red Cross / Brendan Hoffman
While undertaking preventive visits, NHRIs will hear allegations of torture and ill-treatment. These should
be recorded and analysed to develop an understanding of systemic gaps within the centre and to guide
the development of recommendations to the authorities. Although NPM visits do not to document these
cases, NHRIs should have a clearly defined process in place to refer serious cases to the relevant unit
within the NHRI (the complaints unit) or to an appropriate external body for follow-up and investigation.
3.2.3. Composition
In order to conduct effective preventive monitoring, NPMs need to draw on the expertise of members
from diverse professional backgrounds. Some NHRIs may already have a mix of relevant professional
skills and training. However many human rights commissions and, in particular, many Ombudsman’s
Offices are predominantly made up of lawyers and lack expertise in certain areas, especially in the medical
field. As a result, the capacity to hire external experts to assist in this monitoring work is crucial.
102 | Chapter 10: NHRIs and the Optional Protocol to the Convention against Torture
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