CAT/OP/MRT/2 honorarium of 300,000 ouguiyas. The Decree does not specify whether this honorarium is a salary or a fixed fee paid over and above members’ salary depending on whether they work full-time or part-time, or per mission. 21. On 15 June 2016, the Chair and members of the mechanism were sworn in before the President of the Supreme Court. At a plenary meeting held on 16 July 2016, the mechanism drew up its rules of procedure. 22. The mechanism has offices in Nouakchott, in a well-signposted spacious new building. It has no vehicles, and no premises in the various wilayas (provinces). 23. At the time of writing, the Subcommittee has learned that the mechanism recently received its 2016 budget allocation and that its budget for 2017 was contained in a special section of the 2017 State budget voted by Parliament. The Subcommittee has also been informed that the mechanism has received a budget of 112,200,000 ouguiyas for 2017, divided into four tranches to be paid quarterly into a Treasury account. The Subcommittee has also learned of the adoption in February 2017 of a Decree that, under article 4 bis, authorizes the plenary to make amendments, additions and allocations to the mechanism’s budget as necessary. 24. At the time of the Subcommittee’s visit to Mauritania, the mechanism had as yet carried out no visits to places of detention. Its first visit, on 26 October 2016 to the civilian prison in Nouakchott, was accompanied and observed by the Subcommittee. IV. Recommendations to the national preventive mechanism A. Recommendations relating to legislative issues 25. Firstly, the Subcommittee welcomes the fact that the main tasks assigned to the mechanism, as defined under article 3 of Act No. 2015-034, are consistent with article 19 of the Optional Protocol. The mechanism is responsible, inter alia, for carrying out regular and unannounced visits to all places of detention, for receiving complaints and allegations of torture, for giving opinions on the texts of draft laws and regulations related to the prevention of torture, for making recommendations with the aim of preventing torture, for conducting awareness-raising campaigns, for carrying out training programmes, for preparing and publishing research, studies and reports in its field of competence, and for cooperating with civil society and institutions working to combat torture. 26. Secondly, the Subcommittee wishes to emphasize its satisfaction at the fact that the mechanism has been established by legislative means, which guarantees it a degree of stability and independence. 27. Nevertheless, the Subcommittee has noted some gaps in the legislation that could well affect the mechanism’s independence as provided for in article 18 of the Optional Protocol. The Subcommittee wishes to point out the following. 28. Under article 11 of Act No. 2015-034, the Chair of the mechanism is appointed by decree by the President of the Republic, which suggests that the Chair of the mechanism is not a member and raises issues regarding its perceived and, potentially, its effective independence. 29. In addition, under article 30 of the Act, the Secretary-General of the mechanism is appointed by a decree adopted by the Council of Ministers, which is clearly contrary to article 29 of the Act, which stipulates that the mechanism shall recruit its own staff. Moreover, such an appointment could affect the mechanism’s independence. 30. Article 14 of the Act complies with the requirements of article 18 (1) of the Optional Protocol. However, the Subcommittee wishes to point out that it is no simple matter to find members who have the necessary expertise and yet meet the strict conditions laid down in article 14. The Subcommittee also notes that, in practice, some members of the mechanism continue to work in their main occupation. GE.18-15827 5

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