CAT/OP/C/57/4
Hierarchical status of the head of the national preventive mechanisms in relation to
the ombudsperson/head of the national human rights institution
15.
This is a common challenge for many national human rights institutions that assume
the national preventive mechanism mandate. According to the Optional Protocol, there
should be plurality and a multidisciplinary approach in the national preventive mechanism
work. When power is vested in one individual, such as an Ombudsperson, the abovementioned requirements are by definition impossible. In order to guarantee the operational
autonomy of the national preventive mechanism and a “flat” relationship between the
national human rights institution and the national preventive mechanism, the Subcommittee
would recommend placing the mechanism as a parallel structure at the level of the head of
the institution and abstaining from situations in which the mechanism is placed under
several departments, which diminishes its visibility.
16.
Moreover, the Subcommittee has encountered situations in which placement of a
national preventive mechanism as a section under, for instance, a legal department, has
jeopardized the independence of the mechanism’s decision-making process (see the report
of the Subcommittee advisory visit to the national preventive mechanism of Ecuador
(CAT/OP/ECU/2)). Ultimately, the organizational chart should reflect the requirements of
the Optional Protocol, which specify that the national preventive mechanism should have
operational autonomy with regard to its resources, workplan, findings, recommendations
and direct, and, if needed, confidential contact with the Subcommittee.
Templates of legislation where national human rights institutions were designated as
national preventive mechanisms
17.
The Subcommittee is of the view that there is no “one size fits all” legislation for
States parties in which national human rights institutions are designated as national
preventive mechanisms, as the legislation should take into account the idiosyncrasies of
national realities. However, public Subcommittee reports could be used and contact with
similar institutions could be sought for the purpose of comparison.
Relationship between traditional functions of a national human rights institution and
the preventive function of a national preventive mechanism
18.
The Optional Protocol and Subcommittee guidelines foresee two different and
separate structures serving two different mandates and preserving a level of autonomy.
19.
While the national preventive mechanism is charged with the core national
preventive mechanism functions, this does not preclude other departments or staff of the
national human rights institution from contributing to its work, as that cooperation might
lead to synergies and complementarity. For instance, the number of complaints received by
the institution in relation to a specific place of detention may inform the work of the
mechanism. Similarly, the mechanism could refer some cases to the institution for litigation
or other action.
20.
In order to strengthen national preventive mechanism efficiency, it is important to
ensure that all stakeholders, particularly authorities and persons deprived of liberty, are
aware of the mechanism’s work and mandate. It is particularly important to ensure public
understanding of the nature of its work and emphasize its preventive focus. The
Subcommittee has witnessed different strategies used by national preventive mechanisms
for that purpose, such as the conduct of public campaigns and development of a web page,
a logo and uniforms to be used during monitoring visits.
21.
Another issue to take into account is the principle of confidentiality, which should
be respected in national preventive mechanism work. The decision to share information
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