CAT/OP/C/57/4
8.
Should a national preventive mechanism become aware of allegedly criminal
activity, whether of torture, related crimes or other categories of crime, such activity may
be reported, but unless there is express consent, personal data related to it shall be
protected. That is to say, the obligation of confidentiality should not be construed as
preventing national preventive mechanisms from disseminating information, provided that
the information does not include personal data, unless express consent is given by the
person concerned. Thus, for example, where information relating to systematic issues or
crimes is gathered, its existence can be reported in general terms. However, particular care
must be taken to assess whether the sharing of information relating to a particular situation
or particular crime might inevitably lead to the disclosure of personal data or to the
identification of a person who has not given their express consent for their personal data to
be revealed. In such cases the obligation of confidentiality prevails.
9.
It is the view of the Subcommittee that publishing personal data equates to the
sharing of such information with a third party.
10.
Wherever legislation requires the national preventive mechanism or its officials to
report crimes and/or share information, the principle of confidentiality as provided for in
Optional Protocol, and as explained above, shall prevail.
III.
Organizational issues regarding national preventive mechanisms that
form part of a national human rights institution
Financial autonomy of the national preventive mechanism with respect to the budget
of the national human rights institution
11.
Article 18 (1) of the Optional Protocol is unequivocal on the need for the State party
to allocate specific resources to national preventive mechanism work, so as to guarantee the
operational independence of the mechanism (see CAT/OP/12/5, para. 8). The
Subcommittee guidelines on national preventive mechanisms indicate explicitly that the
mechanism should enjoy complete financial and operational autonomy when carrying out
its functions under the Optional Protocol (ibid., para. 12).
12.
This implies that national preventive mechanisms must be capable of acting
independently, not only from the State but also from the national human rights institution.
For that purpose, the State party should ensure a specific allocation of funds to the national
preventive mechanism.
13.
A request for the national preventive mechanism budget should be drafted by the
mechanism itself, on the basis of the mechanism workplan, and submitted to the State
authorities and/or legislative power separately from that of the national human rights
institution. In case of a public hearing or audience in the National Assembly/Congress, the
Subcommittee is of the view that the head of the national preventive mechanism should
present the draft budget and respond to any related questions. Once the budget is approved,
decision-making regarding the use of specific mechanism resources remains the prerogative
of the mechanism itself.
14.
Needless to say, coordination between the national human rights institution and the
national preventive mechanism could be very beneficial and joint advocacy and awarenessraising campaigns could be envisaged in order to collect funds and explain the nature of
each entity’s work, particularly the fact that the mandates of the two entities are
complimentary.
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