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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