20 1. The legal background of the operation of the National Preventive Mechanism liberty that, without checks, may lead to torture or any other cruel, inhuman or degrading treatment or punishment.45 Under its obligation to respect and protect fundamental rights, the State shall also provide the conditions necessary for their enforcement of those fundamental rights.46 The efficient implementation of the provisions related to the prevention and prohibition of torture and ill-treatment is the State’s responsibility; therefore, the OPCAT also compels the States Parties to provide for the domestic legal conditions of the efficient operation of the National Preventive Mechanisms.47 Both in his activities of the protection of fundamental rights and in performing tasks related to the National Preventive Mechanism, the Commissioner for Fundamental Rights is entitled to review the practical implementation of international treaties constituting part of the domestic legal system. His “mandate,”48 necessary for the operation of the National Preventive Mechanism, and the required material and procedural legal rules 49 are set forth in the Ombudsman Act.50 45 46 47 48 49 50 See: SPT: Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to the Maldives (26 February 2009), (Clause 4 of CAT/OP/MDV/1) See Constitutional Court decision 64/1991 (XII.10.) See Part IV of the OPCAT. See Article 19 of the OPCAT. See Articles 3, 4, 17, 18, 20–22, and 23 of the OPCAT. See Section 2(6) and Section 39/A–39/E of the Ombudsman Act.