ANNUAL REPORT 2019-OMBUDSMANNATIONAL PREVENTIVE MECHANISM
In order for the National Preventive Mechanism to implement its competencies in practice, OPCAT in Article 20 gives authorizations to the NPM for:
1.
access to all information relating to the number of persons deprived
of their freedom as defined in Article 4, as well as to the number of
places and their locations;
2.
access to all information relating to the treatment of such persons,
as well as to the conditions of their deprivation of liberty;
3.
access to all places of deprivation of liberty and their installations
and facilities;
4.
the possibility of unsupervised conversations with persons deprived
of their freedom, without witnesses, either in person or with an interpreter, if deemed necessary, as well as with any other person
for whom the national preventive mechanisms have an opinion that
they may provide relevant information;
5.
freedom to choose the places he wants to visit and the people he
wants to talk to;
6.
freedom to contact the Subcommittee for the Prevention of Torture,
to send information to it and to hold meetings with it.
In 2008, the Republic of North Macedonia ratified the Optional Protocol
to the Convention against Torture and the Law on Ratification designated the
Ombudsman to act as a National Preventive Mechanism, thus assuming the
obligation to comprehensively combat torture and have zero tolerance in the
event of its existence.
The Ratification Law also stipulates that in cooperation with and with the
prior consent of the Ombudsman, NGOs registered in the Republic of North
Macedonia and organizations with the status of humanitarian organizations in
the Republic of North Macedonia may take over some of the competencies of
the National Preventive Mechanism.
Consequently, in 2009 by the amendments to the Law on the Ombudsman, a special department was established within the Ombudsman, a National
Preventive Mechanism, the main task of which is to prevent torture and other
cruel, inhuman or degrading treatment or punishment, commencing its activities as of March 2011.
In order to establish a system of visits the primary function of which is
to prevent torture, the National Preventive Mechanism also prepared a special
Rulebook on the manner of conducting prevention of torture and Methodology
on the manner of conducting regular and subsequent preventive visits to places
where persons deprived of their freedom are or may be accommodated.
In order to successfully implement its powers, and in accordance with the
Rulebook on the manner of conducting prevention of torture and other cruel,
inhuman or degrading treatment or punishment, adopted by the Ombudsman,
the National Preventive Mechanism uses technical aids for the purpose of de-
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