4. When establishing national preventive mechanisms, States Parties shall give due consideration
to the Principles relating to the status of national institutions for the promotion and protection of
human rights.
Article 19
The national preventive mechanisms shall be granted at least the following powers:
a) To regularly examine the treatment of the persons deprived of their liberty in places of detention
as defined in Article 4, with a view to strengthening where necessary, their protection against torture
and other cruel, inhuman or degrading treatment or punishment;
b) To make recommendations to the relevant authorities with the aim of improving the treatment
and the conditions of the persons deprived of their liberty and to prevent torture and other cruel,
inhuman or degrading treatment or punishment, taking into consideration the relevant norms of
the United Nations;
c) To submit proposals and observations concerning existing or draft legislation.
Article 20
In order to enable the national preventive mechanisms to fulfil their mandate, the States Parties to
the present Protocol undertake to grant them:
a) Access to all information concerning the number of persons deprived of their liberty in places
of detention as defined in Article 4, as well as the number of places and their location;
b) Access to all information referring to the treatment of those persons as well as their conditions
of detention;
c) Access to all places of detention and their installations and facilities;
d) The opportunity to have private interviews with the persons deprived of their liberty without
witnesses, either personally or with a translator where deemed necessary, as well as with any other
person who the national preventive mechanism believes may furnish relevant information;
e) The liberty to choose the places they want to visit and the persons they want to interview;
f) The right to have contacts with the Subcommittee on Prevention, to send it information and to
meet with it.
Article 21
1. No authority or official shall order, apply, permit or tolerate any sanction against any person or
organization for having communicated to the national preventive mechanism any information,
whether true or false and no such person or organization shall be otherwise prejudiced in any way.
2. Confidential information collected by the national preventive mechanism shall be privileged. No
personal data shall be published without the express consent of the person concerned.
Article 22
The competent authorities of the State Party concerned shall examine the recommendations of the
national preventive mechanism and enter into a dialogue with it on possible implementation
measures.
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