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including by making it possible for some of them to work full-time and by allocating the
financial resources necessary for their remuneration.
Human resources: secretariat of the National Commission for the Prevention of
Torture
36.
The human resources of the permanent secretariat of the national preventive
mechanism equate to just 3.7 full-time posts, with the only full-time post being that of
Secretary. This places a de facto limit on the time spent on activities such as the preparation
of and follow-up to visits, the drafting of visit and thematic reports, training and prevention
activities, and dialogue and awareness-raising among stakeholders.
37.
In addition, the staff of the secretariat of the National Commission for the Prevention
of Torture are part of the Federal Department of Justice and Police and, as such, are appointed
by the Civil Service Commission and are subject to the general rules on the mobility of public
officials. However, in order to guarantee its operational independence, the national
preventive mechanism must have full control over the management of its staff.
38.
The fact that the staff of the secretariat of the National Commission for the Prevention
of Torture are not exclusively attached to it, and that the members responsible for carrying
out its mandate must also perform other tasks not related to the Commission, makes it more
difficult for it to adopt an effective operational strategy.
39.
The Subcommittee recommends that the National Commission for the
Prevention of Torture invite the State party to significantly increase the staff of the
secretariat and to ensure that they are permanent and work directly for the
Commission, rather than for the Federal Department of Justice and Police. The
Subcommittee also recommends that the Commission identify its needs and articulate
them directly to the federal authorities so that the best way to address them can be
determined, in keeping with the mandate set out in the Optional Protocol.
Strengthening the national preventive mechanism
40.
The Subcommittee considers that, despite the inadequacy of the human and financial
resources allocated to it and the questions surrounding its independence from other federal
institutions, the work of the National Commission for the Prevention of Torture is carried out
with great professionalism and expertise.
41.
The Subcommittee is of the view that a significant increase in financial and
human resources, for members and for the secretariat, would enable the National
Commission for the Prevention of Torture to operate optimally, with an improved
operational strategy and greater capacity and efficiency with regard to conducting visits,
making recommendations to the competent authorities and submitting proposals and
comments on relevant legislation, in line with the provisions of article 19 of the Optional
Protocol. Increased resources could also enable the Commission to strengthen its
international cooperation with other mechanisms, which could, in turn, strengthen
torture prevention worldwide.
42.
The Subcommittee is of the view that the conclusions reached in the legal opinion
drafted by Walter Kälin and Manfred Nowak can serve as a basis for action by the
authorities and the National Commission for the Prevention of Torture to realize the
latter’s independence, in accordance with the Optional Protocol, particularly article 18,
and to strengthen its operational capacity, which will ensure that it is better able to
discharge its responsibilities effectively.
Visibility
43.
The Subcommittee noted that most of the government officials who met with the
delegation were aware of the existence and role of the National Commission for the
Prevention of Torture. It also found this to be the case among relevant stakeholders, including
members of civil society and the general public, as well as persons deprived of their liberty.
The Commission enjoys good visibility, and its role and the nature of its work are well known.
GE.21-03810
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