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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