CAT/C/46/2
81.
Members of NPMs should likewise ensure that they do not hold or acquire positions
which raise questions of conflicts of interest.
82.
Recalling the requirements of articles 18, paragraphs 1 and 2, of the Optional
Protocol, the NPM should ensure that its staff have between them the diversity of
background, capabilities and professional knowledge necessary to enable it to properly
fulfil its NPM mandate. This should include, inter alia, relevant legal and health-care
expertise.
(b)
Designation and notification
83.
The NPM should be established within one year of the entry into force of for the
State concerned, unless at the time of ratification a declaration has been made in accordance
with article 24 of the Optional Protocol.
84.
The body designated as the NPM should be publicly promulgated as such at the
national level.
85.
The State should notify the Subcommittee promptly of the body which has been
designated as the NPM.
3.
(a)
Basic issues regarding the operation of an NPM
Points for States
86.
The State should allow the NPM to visit all, and any suspected places of deprivation
of liberty, as set out in articles 4 and 29 of the Optional Protocol, which are within its
jurisdiction. For these purposes, the jurisdiction of the State extends to all those places over
which it exercises effective control.
87.
The State should ensure that the NPM is able to carry out visits in the manner and
with the frequency that the NPM itself decides. This includes the ability to conduct private
interviews with those deprived of liberty and the right to carry out unannounced visits at all
times to all places of deprivation of liberty, in accordance with the provisions of the
Optional Protocol.
88.
The State should ensure that both the members of the NPM and its staff enjoy such
privileges and immunities as are necessary for the independent exercise of their functions.
89.
The State should not order, apply, permit or tolerate any sanction, reprisal or other
disability to be suffered by any person or organization for having communicated with the
NPM or for having provided the NPM with any information, irrespective of its accuracy,
and no such person or organization should be prejudiced in any way.
90.
The State should inform the NPM of any draft legislation that may be under
consideration which is relevant to its mandate and allow the NPM to make proposals or
observations on any existing or draft policy or legislation. The State should take into
consideration any proposals or observations on such legislation received from the NPM.
91.
The State should publish and widely disseminate the annual reports of the NPM. It
should also ensure that it is presented to, and discussed in, by the national legislative
assembly, or Parliament. The annual reports of the NPM should also be transmitted to the
Subcommittee, which will arrange for their publication on its website.
(b)
Points for NPMs
92.
The NPM should carry out all aspects of its mandate in a manner which avoids
actual or perceived conflicts of interest.
GE.11-40683
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