CAT/OP/1/Rev.1
VI. Issues related to the legislative framework
38.
The national preventive mechanism should ensure that the relevant legislative
framework encompasses an absolute prohibition of torture and a definition of torture in
accordance with the provisions in article 1 of the Convention against Torture, and that the
penalties for infractions are commensurate with the gravity of the offence. The term “place
of detention” should be defined in national law, bearing in mind the principles set out in the
Optional Protocol and the protection of human rights.
39.
The mechanism should consider monitoring and analysing systematically the
implementation of proceedings against suspected perpetrators of torture and ill-treatment
and advocate for, or facilitate the establishment of, a national register of allegations of
torture, any investigation or criminal proceedings undertaken and the outcome thereof.
Likewise, the mechanism should advocate for the establishment of an independent body
with the capacity to assess allegations of torture and ill-treatment in accordance with the
Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol).
40.
The national preventive mechanism must be mandated to assess draft and existing
legislation against the State party’s international obligations and against other international
standards. Therefore, it should propose and advocate for necessary legislative changes and
advocate for their implementation with parliamentarians and Government, among others, in
conjunction with other relevant actors when appropriate. Such changes should include
amendments to the legislation if it is not compliant with the Convention against Torture, the
Optional Protocol and the Paris Principles. The mechanism should develop a system to
ensure that it is alerted to relevant legislation and draft laws.
41.
Legislation should clearly state the obligation of competent authorities to examine
the recommendations of the national preventive mechanism and to enter into a dialogue
with it regarding the implementation of its recommendations.
VII. Cross-cutting issues
A.
Cooperation and communication
42.
The national preventive mechanism should establish: (a) a mechanism for
communicating and cooperating with relevant national authorities on the implementation of
recommendations, including through urgent action procedures; (b) a means for addressing
and resolving any operational difficulties encountered during the exercise of its duties,
including during visits; (c) a policy on publicizing reports or parts of reports, including the
main findings and recommendations; and (d) a policy regarding the production and
publication of thematic reports.
43.
The national preventive mechanism should establish a strategy for cooperation with
other national and international actors, including the Subcommittee, on the prevention of
torture and on the follow-up of cases of suspected or documented torture or ill-treatment
and of possible reprisals. A wide range of national actors, such representatives of nongovernmental organizations, trade unions, concerned social and professional organizations,
trends in philosophical or religious thought, universities and qualified experts, Parliament
and government departments, could be included.24 Special attention should be paid to
24
10
Paris Principles.
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