CAT/C/46/2
93.
The NPM, its members and its staff should be required to regularly review their
working methods and undertake training in order to enhance their ability to exercise their
responsibilities under the Optional Protocol.
94.
Where the body designated as the NPM performs other functions in addition to those
under the Optional Protocol, its NPM functions should be located within a separate unit or
department, with its own staff and budget.
95.
The NPM should establish a work plan/programme which, over time, encompasses
visits to all, or any, suspected, places of deprivation of liberty, as set out in articles 4 and 29
of the Optional Protocol, which are within the jurisdiction of the State. For these purposes,
the jurisdiction of the State extends to all those places over which it exercises effective
control.
96.
The NPM should plan its work and its use of resources in such a way as to ensure
that places of deprivation of liberty are visited in a manner and with sufficient frequency to
make an effective contribution to the prevention torture and other cruel, inhuman or
degrading treatment or punishment.
97.
The NPM should make proposals and observations to the relevant State authorities
regarding existing and draft policy or legislation which it considers to be relevant to its
mandate.
98.
The NPM should produce reports following its visits as well as produce an annual
report and any other forms of report which it deems necessary. When appropriate, reports
should contain recommendations addressed to the relevant authorities. The
recommendations of the NPM should take account of the relevant norms of the United
Nations in the field of the prevention of torture and other ill-treatment, including the
comments and recommendations of the Subcommittee.
99.
The NPM should ensure that any confidential information acquired in the course of
its work is fully protected.
100. The NPM should ensure that it has the capacity to, and does, engage in a meaningful
process of dialogue with the State concerning the implementation of its recommendations.
It should also actively seek to follow-up on the implementation of any recommendations
which the Subcommittee has made in relation to the country in question, liaising with the
Subcommittee when doing so.
101. The NPM should seek to establish and maintain contacts with other NPMs with a
view to sharing experience and reinforcing its effectiveness.
102. The NPM should seek to establish and maintain contact with the Subcommittee, as
provided for and for the purposes set out in the Optional Protocol.
B.
The approach of the Subcommittee to the concept of prevention of
torture and other cruel, inhuman or degrading treatment or
punishment under the Optional Protocol
103. It is beyond doubt that States parties to the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the
Optional Protocol”) are under a legal obligation to “prevent” torture and other cruel,
inhuman or degrading treatment or punishment. Article 2, paragraph 1, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — to
which all States parties to the Optional Protocol must also be parties — provides that,
“Each State Party shall take effective legislative, administrative, judicial or other measures
to prevent acts of torture in any territory under its jurisdiction”. Article 16, paragraph 1, of
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