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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