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 19

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