CAT/OP/MRT/2 31. As to whether membership of the mechanism should constitute a full-time occupation, as stated in article 24 of the Act, the Subcommittee notes that such an obligation does not reflect practice as found by the Subcommittee. In addition, the Subcommittee notes that this provision could work to exclude potential members with relevant expertise, such as doctors or lawyers, who would be unable to work full time in the mechanism. 32. The Subcommittee has communicated these concerns orally to the mechanism and the Government, and has also mentioned them in the report on its visit to the Government of Mauritania. 33. The Subcommittee encourages the mechanism to actively advocate the strengthening of the legal framework of the institution by making recommendations to that effect, as it is permitted to do under article 3 (5) of the Act. It would be chiefly a matter of recommending that: (a) article 11 of the law be amended to ensure that the Chair of the mechanism is appointed by a transparent, inclusive and participatory procedure; (b) the members of the mechanism be completely separated from their ordinary functions for the duration of their term of office in the mechanism, this to apply not only to the officials but also to any member whose activities or functions could conflict with membership of the mechanism; and (c) article 30 of the Act also be brought into line with article 18 of the Optional Protocol, so that the SecretaryGeneral is appointed or, at the very least, proposed by the mechanism. 34. While recognizing that the purpose of requiring membership to be a full-time commitment is to ensure members’ independence and availability, the Subcommittee recommends not insisting on the rule, except where members’ ordinary functions or activities create a direct conflict of interest in respect of their usual occupation. Otherwise this condition should be optional. B. Recommendations relating to institutional issues 35. The Subcommittee’s concerns relate to the need for the mechanism to create the conditions that will enable it to exercise the various functions and powers conferred on it by article 19 of the Optional Protocol. In that regard, the Subcommittee notes in particular the absence of any strategy or workplan for the mechanism to discharge its mandate; the need for coordination with the various stakeholders, notably in respect of the handling and management of complaints and allegations; the need for training for members of the mechanism; and the current lack of clarity about the mechanism’s financial resources. 36. The mechanism should make an inventory of the gaps in the area of torture prevention in Mauritania. It will also be essential for the mechanism to carry out regular rigorous monitoring of conditions in places of deprivation of liberty and to draw up a strategy in accordance with its findings. This strategy should identify those places of deprivation of liberty that should be given priority in periodic inspections, based on the type and size of the facility, the seriousness of any human rights violations brought to the mechanism’s attention and whether the facility is accessible to other monitoring mechanisms. 37. On the basis of this strategy, the mechanism should draw up without delay a programme of work that gradually takes in all places of deprivation of liberty and places where persons deprived of their liberty could be held, in accordance with articles 4 and 19 of the Optional Protocol, taking care not to exclude any particular kind of institution or any geographical area. The Subcommittee refers here to the compilation of advice it has provided in response to requests from national preventive mechanisms (see CAT/C/57/4, annex, and CAT/C/57/4/Corr.1). 38. The strategy must address the issue of the possible duplication of the mandate and of activities carried out by other actors, such as the National Human Rights Commission and civil society organizations. While recalling that a national preventive mechanism should complement rather than replace existing systems of oversight (see CAT/OP/12/5), the Subcommittee strongly encourages the mechanism to draw up 6 GE.18-15827

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