CAT/C/44/2* monitoring, control and inspection functions of governmental and non-governmental bodies. The main objectives of the mechanisms are to formulate recommendations on the basis of observations made and information obtained and to enter into a dialogue with the competent authorities with a view to improving the situation of persons deprived of their liberty and proposing ways of implementing the recommendations; in addition to submitting draft legislation and comments on proposed or existing legislation. 51. Where existing institutions such as the Ombudsman or the national human rights institution (NHRI) are designated as national preventive mechanisms, a clear distinction should be made between such bodies, which generally act in response to specific situations, and national preventive mechanisms, which have preventive functions. In such cases, the national preventive mechanism should be constituted as a separate unit or department, with its own staff and budget. 52. The Subcommittee wishes to reiterate the provisions of its preliminary guidelines to the effect that the national preventive mechanism should preferably be established by law or by the Constitution. Its powers, structure, functional independence, mandate and membership should be established in a special law, which should also set forth the various professional qualifications required of members of the mechanism, the way in which they are to be appointed, their term of office and the immunities they should be granted. Places of detention should also be defined in accordance with the Optional Protocol. Further, the national preventive mechanisms should issue annual reports on their work, which should be published and distributed by the States parties. Lastly, States parties should encourage and facilitate contact between the mechanisms and the Subcommittee. 53. Where the national preventive mechanism has a complex multilevel structure, States parties should ensure communication and coordination among the various units comprising the mechanism, including senior officials. Contact between the Subcommittee and all units of the mechanism should also be guaranteed. V. Cooperation with other bodies A. Relations with relevant United Nations bodies 54. The Optional Protocol establishes a special relationship between the Committee against Torture and the Subcommittee and provides that both bodies shall hold simultaneous sessions at least once a year.15 The ninth session of the Subcommittee was held simultaneously with part of the forty-third session of the Committee against Torture, and the third joint meeting took place on 17 November 2009. Issues covered in the discussion included implementation of the Optional Protocol, cooperation between the Committee against Torture and the Subcommittee (Optional Protocol, arts. 11 (c), 16, para. 4 (c) and 24), Committee/Subcommittee working group, exchange of information (on countries visited and to be visited by the Subcommittee; and on the Convention against Torture), and the rights of persons with disabilities and their implications for the Committee against Torture and the Subcommittee. 55. The third joint meeting was public and as a result it was attended by a considerable number of civil society organizations. 56. Another important event that provided an opportunity for exchange of information between the Chairperson of the Subcommittee, the Chairperson of the Committee against 15 14 Optional Protocol, art. 10, para. 3. GE.10-41876

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