16
• to examine the recommendations of the Subcommittee on Prevention of Torture and enter into
dialogue with it on possible implementation measures.53
Subcommittee on Prevention of Torture has not yet visited the Republic of Serbia.
3.2
National Mechanisms for the Prevention of Torture
The Optional Protocol obliges each of the State Parties to set up, designate or maintain at the domestic
level one or several visiting bodies for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment.54
NPM is entitled to:
- access all information concerning the number of persons deprived of their liberty in places
of detention, as well as the number of places and their location;
- access all places of detention, their installations and facilities, with the liberty to choose such
places;
- conduct a private interview with the persons deprived of their liberty without witnesses, either personally or with a translator if deemed necessary, as well as with any other person
who the NPM believes may supply relevant information, by their own choice55.
The NPM has the authority to regularly examine the treatment of the persons deprived of their liberty
in places of detention, to make recommendations to the relevant authorities with the aim of improving
the treatment and the conditions of the persons deprived of their liberty and to prevent torture and
other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant
norms of the United Nations, as well as to submit proposals and observations concerning existing or
draft legislations56.
The State Party is obliged to guarantee operational independence of the NPM, as well as the independence of their personnel57.
No authority or official shall order, apply, permit or tolerate any sanction against any person or
organization for having communicated to the NPM any information, whether true or false, and no such
person or organization shall be otherwise prejudiced in any way58.
The State Party is obliged to make available all necessary resources for the functioning of the
NPM59.
The relation between the NPM and state authorities is based on the principles of trust and cooperation.
The competent state authorities are obliged to examine the recommendations of the NPM and
enter into a dialogue with the same with regard to the possible implementation measures60.
The competent state authorities are obliged to publish and distribute the NPM annual reports.
53
54
55
56
57
58
59
60
The Optional Protocol, Article 12 and 14.
The Optional Protocol, Article 3.
The Optional Protocol, Article 20.
The Optional Protocol, Article 19.
The Optional Protocol, Article 18, item 1.
The Optional Protocol, Article 21, item 1.
The Optional Protocol, Article 18, item 3.
The Optional Protocol, Article 22.
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