- SPT(6)), or by independent national bodies. For this reason the Sates have an obligation
to create, designate or maintain, at national level, one or more visitation bodies for the
prevention of torture named National Preventive Mechanism (hereinafter NPM).
1.2. The National Preventive Mechanism
In Portugal the quality of National Preventive Mechanism (NPM) has been assigned
to the Ombudsman, through the Resolution of the Council of Ministers No. 32/2013 of
May 20th(7), with the power to: i) visit and regularly check treatment of persons deprived
of liberty; ii) make recommendations to the competent authorities; and iii) submit proposals and observations about current legislation or draft legislation on the matter(8).
In 2013 steps were taken, not only, towards the development of a model(9) that respected
the autonomous and independent nature of the National Preventive Mechanism from the
typical role of the Ombudsman, but also to allow an effective implementation of a monitoring system to places where people are deprived of freedom. Consequently, in the first
months of 2014, the actions implemented were directed to create a framework to help the
Ombudsman in the exercise of those functions, namely, identifying locations of detention, planning and implementing visits in order to obtain information, data processing,
and, if necessary, to formulate suggestions, proposals or recommendations.
Therefore, the NPM, in pursuit of its duties, is assisted by support structure named
EMNP.
(6) Cf. article 2 in conjunction with article 11, both from the OPCAT.
(7) Published in the Official Journal, Series I, No. 96, May 20th.
(8) Cf. article 19 from OPCAT in conjunction with paragraph 1 of the mentioned Council of Ministers Resolution
No. 32/2013.
(9) The model guidelines were mentioned in the 2013 Report. Cf. Ombudsman’s Report to the Parliament - 2013,
p. II.
|9