MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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3.2.4 Guarantees for national preventive mechanisms
The OPCAT sets out specific guarantees and criteria for national
preventive mechanisms to ensure that they are free from any
interference from the State. These provisions are interdependent and
must be taken together in order to ensure the independence of these
bodies.
As a guiding resource the OPCAT requires States Parties to give
due consideration to the “Principles relating to the status and
functioning of national institutions for the promotion and protection
of human rights” (The Paris Principles)11.
Guarantees and criteria for national preventive
mechanisms (Art. 18)
In accordance with Article 18 of the OPCAT, national
preventive mechanisms must be granted the following
guarantees:
■
Functional independence
■
Required capabilities and professional knowledge
■
Appropriate resources
Functional independence
The independence of national preventive mechanisms is essential
to ensuring the effectiveness of these bodies in preventing torture and
other forms of ill-treatment. In practice, this means that the national
preventive mechanisms must be capable of acting independently of
the State authorities. It is also essential that the national preventive
mechanisms are perceived as independent of the State authorities.
11 These principles were adopted in October 1991 in Paris at an international workshop convened by the United Nations Centre for Human Rights. The
Commission on Human Rights endorsed the recommendations in March 1992.
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