Part II Preventing torture: NHRIs in action | Section IV Cross-cutting actions
They should establish direct and regular contact with the NPM and, if necessary assist the NPM to develop
its mandate by sharing their experience and methodologies. NHRIs can also assist the NPM in developing
effective ways of working with the authorities and establishing a constructive, ongoing dialogue.
NHRIs can bring issues of torture and ill-treatment to the attention of the NPM. In those countries where
the NHRI also has visiting powers, it should consider sharing information and coordinating its work
with the NPM in order to avoid duplication. NHRIs should also monitor the functioning of NPMs, their
independence and their effectiveness.
In France, the designation of the Ombudsman (Médiateur de la République) was initially
considered as an option for the NPM. However, in 2007, the decision was made to create
an entirely new body to carry out the NPM mandate: the General Inspector of Places of
Detention (Contrôleur général des lieux de privation de liberté). The Inspector is in regular
dialogue with other relevant bodies and has signed an agreement with the Ombudsman that aims
to clarify the division of tasks and avoid duplication.
Key points: Chapter 10
• NHRIs can play an important role to promote the Optional Protocol,
by advocating ratification and participating in broad and inclusive
consultations on possible NPMs.
• NHRIs may be designated as the NPM; either as the sole NPM, in
cooperation with NGOs or as one of several NPMs. This double mandate
can present particular challenges for NHRIs.
• NHRIs not designated as the NPM can contribute to the work of the NPM
and the work of the Subcommittee on Prevention of Torture.
Further reading
In the CD-Rom
First Annual Report; Subcommittee on Prevention of Torture (CAT/C/40/2)
(from February 2007 to March 2008)
Second Annual Report; Subcommittee on Prevention of Torture (CAT/C/42/2)
(from February 2008 to March 2009)
Third Annual Report; Subcommittee on Prevention of Torture (CAT/C/44/2)
(from April 2009 to March 2010)
Report on the visit of the Subcommittee on Prevention of Torture to Sweden
(CAT/OP/SWE/1)
Report on the visit of the Subcommittee on Prevention of Torture to the
Maldives (CAT/OP/MDV/1)
Guide on the Establishment and Designation of National Preventive
Mechanisms; Association for the Prevention of Torture; 2006
Optional Protocol to the United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment: Implementation Manual (revised edition);
Association for the Prevention of Torture and Inter-American Institute of Human Rights; 2010
National Human Rights Commissions and Ombudspersons’ Offices / Ombudsmen
as National Preventive Mechanisms; Association for the Prevention of Torture; 2008
Chapter 10: NHRIs and the Optional Protocol to the Convention against Torture | 105
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