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2. Objection to a visit to a particular place of detention may
be made only on urgent and compelling grounds of national
defence, public safety, natural disaster or serious disorder in
the place to be visited that temporarily prevent the carrying out
of such a visit. The existence of a declared state of emergency
as such shall not be invoked by a State Party as a reason to
object to a visit.
Article 15
No authority or official shall order, apply, permit or tolerate
any sanction against any person or organization for having
communicated to the Subcommittee on Prevention or to its
delegates any information, whether true or false, and no such
person or organization shall be otherwise prejudiced in any way.
Article 16
1. The Subcommittee on Prevention shall communicate its
recommendations and observations confidentially to the State
Party and, if relevant, to the national preventive mechanism.
2. The Subcommittee on Prevention shall publish its report,
together with any comments of the State Party concerned,
whenever requested to do so by that State Party. If the State
Party makes part of the report public, the Subcommittee on
Prevention may publish the report in whole or in part. However,
no personal data shall be published without the express consent
of the person concerned.
3. The Subcommittee on Prevention shall present a public annual
report on its activities to the Committee against Torture.
4. If the State Party refuses to cooperate with the Subcommittee
on Prevention according to articles 12 and 14, or to take steps
to improve the situation in the light of the recommendations of
the Subcommittee on Prevention, the Committee against Torture
may, at the request of the Subcommittee on Prevention, decide,
by a majority of its members, after the State Party has had an
opportunity to make its views known, to make a public statement
on the matter or to publish the report of the Subcommittee on
Prevention.
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2018
PART IV
National preventive mechanisms
Article 17
Each State Party shall maintain, designate or establish, at the
latest one year after the entry into force of the present Protocol
or of its ratification or accession, one or several independent
national preventive mechanisms for the prevention of torture at
the domestic level. Mechanisms established by decentralized
units may be designated as national preventive mechanisms for
the purposes of the present Protocol if they are in conformity
with its provisions.
Article 18
1. The States Parties shall guarantee the functional independence of the national preventive mechanisms as well as the
independence of their personnel.
2. The States Parties shall take the necessary measures to ens
ure that the experts of the national preventive mechanism have
the required capabilities and professional knowledge. They shall
strive for a gender balance and the adequate representation of
ethnic and minority groups in the country.
3. The States Parties undertake to make available the necessary resources for the functioning of the national preventive
mechanisms.
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 a
minimum the power:
(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, if 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.
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