CAT/OP/TGO/1 Legal aid 115. The Subcommittee notes with concern the lack of an effective system for providing legal aid in Togo. The Subcommittee regrets that, despite the fact that the law on legal aid was adopted on 24 May 2013, the implementing decree is still pending adoption. The Subcommittee is especially concerned about the fate of poor and marginalized individuals within the criminal justice system who have neither the means to hire a lawyer, nor access to legal aid, which violates the principles of equality before the law and access to justice without discrimination. 116. The Subcommittee recommends that the State party adopt without further delay the implementing decree of the law on legal aid, so as to guarantee access to a lawyer for all Togolese and foreign persons who do not have sufficient resources to ensure their defence from the moment that they are taken into custody until the conclusion of the judicial proceedings. The Subcommittee also urges the authorities to take the necessary measures to allocate an adequate portion of the budget for the establishment of this legal aid system. V. National preventive mechanism 117. Togo should have designated or established a national preventive mechanism at the latest one year after its ratification of the Optional Protocol, in July 2010. At the time of the Subcommittee’s visit, that mechanism had not yet been set up. The Subcommittee took note of the existence of a bill to establish the national preventive mechanism; under that bill, the State would designate the National Human Rights Commission as the national preventive mechanism. However, in view of the Commission’s limited resources and the challenges it faces, the Subcommittee questions its ability to carry out the additional tasks related to such new responsibilities. 118. The Subcommittee wishes to emphasize that the national preventive mechanism could have a very significant impact on the situation of persons deprived of their liberty that it witnessed in Togo, particularly since the vast majority of the public officials with whom the Subcommittee met readily listened to and considered the Subcommittee’s comments and recommendations. 119. To ensure the success of the national preventive mechanism, its mandate must be clear, and it must be shielded from all political interference. States parties to the Optional Protocol are required to guarantee the functional independence of their national preventive mechanisms and their personnel. They undertake to provide for and make available the necessary resources for the functioning of the national preventive mechanisms, in conformity with the Principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). 120. The Subcommittee recommends that the State party designate and establish a national preventive mechanism as soon as possible. In that connection, the Togolese authorities must take all necessary legislative and other measures to ensure that the national preventive mechanism fully conforms to the Paris Principles, as stipulated in the Optional Protocol, as well as to the Subcommittee’s guidelines on national preventive mechanisms (CAT/OP/12/5) regarding the powers, composition and functioning of such mechanisms. The Subcommittee also recalls that national preventive mechanisms should have the power to carry out investigations and to prevent acts of torture, as well as to conduct unannounced visits to all places of detention, including unofficial locations, psychiatric institutions and any other places where persons are deprived of their liberty. VI. Repercussions of the visit and conclusion 121. In general, persons deprived of their liberty did not express fear of speaking openly with the delegation. However, the Subcommittee recalls that any form of intimidation or reprisal against persons deprived of liberty constitutes a violation of the State party’s 16 GE.17-06858