CAT/OP/1/Rev.1
(j)
Considering establishing and maintaining contacts with other national
preventive mechanisms with a view to sharing experiences and reinforcing effectiveness
(see CAT/OP/12/5, para. 6);
(k)
Establishing and maintaining contact with the Subcommittee by regularly
exchanging information and meeting with it.17
III. Organization of the national preventive mechanism
10.
The national preventive mechanism is to be given a preventive mandate and powers
in accordance with the Optional Protocol, which is to be clearly set forth in a new or
existing constitutional or legislative text specifying the composition of the mechanism and
its sphere of competence.18 Such legislation should extend the visiting mandate to all places
where people are or may be deprived of their liberty, as set out in article 4 of the Optional
Protocol (see CAT/OP/12/5, para. 10).
11.
The relevant legislation should specify the period of office, whether determined or
open-ended, of the members of the national preventive mechanism and any grounds for
their dismissal (ibid., para. 9). In addition, the legal basis should guarantee that the
members of the national preventive mechanism and its staff enjoy such privileges and
immunities as are necessary for the independent exercise of their functions, and should
address the issue of reprisals and other such actions against members of the mechanism,
their partners and any person who has communicated with the mechanism.19
12.
The legislative text should grant the national preventive mechanism at minimum:20
(a)
The power to freely select the places of deprivation of liberty in which visits
are to be carried out; to regularly examine the treatment of persons deprived of their liberty
in those places; to select the timing of such visits and determine whether they are to be
announced or unannounced; and to choose the persons to be interviewed;
(b)
Access to all information, including personal and sensitive information,
premises and persons necessary for pursuing its mandate;
(c)
(d)
legislation;
(e)
The power to make recommendations to the relevant authorities;
The power to submit proposals and observations concerning existing or draft
The right to have contact with the Subcommittee.
13.
Bearing in mind the requirements of article 18 (1) and (2) of the Optional Protocol,
members of the national preventive mechanism should be selected through an open,
transparent and inclusive process and collectively have the expertise and experience
necessary for the effective functioning of the mechanism. The selection process should
preferably be prescribed in the governing national preventive mechanism legislation. The
mechanism should ensure that its team has the diversity of background, for example in
respect to gender balance and representation of minorities, capabilities and professional
knowledge, necessary to enable it to properly fulfil its mandate (see CAT/OP/12/5, paras.
17 and 20). In its activities the mechanism should also take benefit from cooperation with
civil society, universities and qualified experts, Parliament and government departments,
17
18
19
20
4
Article 20 (f) of the Optional Protocol.
Paris Principles and CAT/OP/12/5, para. 7.
See article 21 (1) of the Optional Protocol and CAT/OP/12/5, paras. 26-27.
Articles 19 and 20 of the Optional Protocol.