CAT/C/46/2 establishment of NPMs, and in section 3 by guidelines to both the State and to the NPM itself concerning the practical functioning of an NPM. 66. As it gains further experience, the Subcommittee will seek to add additional sections to these guidelines, addressing particular aspects of the work of NPMs in greater detail. 1. Basic principles 67. The NPM should complement rather than replace existing systems of oversight and its establishment should not preclude the creation or operation of other such complementary systems. 68. The mandate and powers of the NPM should be in accordance with the provisions of the Optional Protocol. 69. The mandate and powers of the NPM should be clearly set out in a constitutional or legislative text. 70. The operational independence of the NPM should be guaranteed. 71. The relevant legislation should specify the period of office of the member/s of the NPM and any grounds for their dismissal. Periods of office, which may be renewable, should be sufficient to foster the independent functioning of the NPM. 72. The visiting mandate of the NPM should extend to all places of deprivation of liberty, as set out in article 4 of the Optional Protocol. 73. The necessary resources should be provided to permit the effective operation of the NPM in accordance with the requirements of the Optional Protocol. 74. The NPM should enjoy complete financial and operational autonomy when carrying out its functions under the Optional Protocol. 75. The State authorities and the NPM should enter into a follow-up process with the NPM with a view to the implementation of any recommendations which the NPM may make. 76. Those who engage or with whom the NPM engages in the fulfilment of its functions under the Optional Protocol should not be subject to any form of sanction, reprisal or other disability as result of having done so. 77. The effective operation of the NPM is a continuing obligation. The effectiveness of the NPM should be subject to regular appraisal by both the State and the NPM itself, taking into account the views of the Subcommittee, with a view to its being reinforced and strengthened as and when necessary. 2. (a) Basic issues regarding the establishment of an NPM The identification or creation of the NPM 78. The NPM should be identified by an open, transparent and inclusive process which involves a wide range of stakeholders, including civil society. This should also apply to the process for the selection and appointment of members of the NPM, which should be in accordance with published criteria. 79. Bearing in mind the requirements of article 18, paragraphs 1 and 2, of the Optional Protocol, members of the NPM should collectively have the expertise and experience necessary for its effective functioning. 80. The State should ensure the independence of the NPM by not appointing to it members who hold positions which could raise questions of conflicts of interest. 18 GE.11-40683

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