MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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can make recommendations to the State Party with a view to strengthening its capacity and mandate to prevent torture and ill-treatment.
It should also be underlined that the designation or setting-up of
a national preventive mechanism should not be used by States to
undercut visiting activities carried out by other domestic bodies, in
particular by non-governmental organisations. Monitoring activities
by different actors should be considered as complementary in the prevention of torture.
3.2.2 Form of national preventive mechanisms
The OPCAT does not prescribe any particular form that national
preventive mechanisms must take. States Parties therefore have the
flexibility to choose the type of body that is most appropriate to their
particular country context. A national preventive mechanism could be
a national human rights institution, an Ombudsman, a parliamentary
commission, an NGO, a lay people scheme, or any specialised body
set up specifically to monitor places of detention.
States Parties can decide to have several national preventive mechanisms because of the State structure (for example, federalism) or
based on a thematic division. When a State decides to have several
national preventive mechanisms, be they regional or thematic, it
would be advisable to find a means to achieve cooperation between
the different bodies, for example by having one coordinating body at
the national level that works to harmonise the contribution of each
visiting body.
3.2.3 Mandate of national preventive mechanisms
The preventive effect of visits to places of detention depends on
the regularity of those visits and on the follow-up to those visits.
Therefore the national preventive mechanisms are mandated to conduct regular visits to all places where people are deprived of their
liberty and to make recommendations.
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