CAT/OP/MLT/1
relate to each other; and encourage and support cooperation and synergy between
them in order to enhance the overall efficiency and effectiveness of the NPMs.
25.
The SPT is concerned at the weakness of the legal framework providing for the
independent and effective functioning of the NPMs. First, there is no domestic legislation
giving effect to the OPCAT. Secondly, the legal provisions establishing the NPMs do not
explicitly provide the NPMs with NPM status or provide them with the institutional and
operational independence, power and authorities, which are set out in the OPCAT and the
NPM Guidelines. This significantly limits the effectiveness of the NPMs, particularly as
regards the follow up to their recommendations with the authorities.
26.
The SPT considers it vital that the legal framework providing for the
independent and effective functioning of the NPMs is significantly strengthened. The
SPT recommends that the State party incorporate the OPCAT into domestic law;
amend and enhance the existing legal framework providing for the establishment of
the NPMs by enacted specific legislative provisions setting out their mandate,
institutional and operational independence, appointment criteria and membership
processes, functions and powers in a way which fully reflects the OPCAT, the NPM
Guidelines and the Paris Principles. The SPT wishes to emphasize the importance of
the NPM having the full range of functions and powers set out in those documents,
including the power to submit proposals and observations on existing or draft
legislation.
27.
The SPT notes with concern (a) the lack of a transparent and competitive
appointment process as well as of known selection criteria for membership of the NPMs,
(b) appointments being made at the sole discretion of the Minister for Home Affairs and
National Security, (c) the short term of the membership (1 year) and (d) unexplained delays
in appointments. The SPT reminds the State Party that its current practice is not in
conformity with the NPM Guidelines and the OPCAT.
28.
The SPT recommends that the State party establish a transparent and
competitive appointments procedure and consult with civil society organisations and
other stakeholders prior to the selection of NPM members. It also recommends that it
ensure that the NPMs have a multi-disciplinary, independent, impartial and
competent membership with sufficiently long terms of membership. It also urges the
State party to fill the current vacancies on the Detention Board without delay.
29.
The SPT notes with concern that all members of the NPMs work on a part-time
basis, which limits their ability to undertake their NPM functions.
30.
The SPT recommends that the State party consider making membership of the
NPMs a full-time and remunerated position.
31.
The SPT is particularly concerned that no resources – financial, human or logistical
– have been allocated to the NPMs to enable them to carry out their mandates. It appears
that the public authorities do not consider that the NPMs need such resources to carry out
their current functions.
32.
The SPT reminds the State party that the NPMs are not currently able to
function in accordance with the OPCAT and recommends that the State party provide
the NPMs with appropriate financial, human (i.e. the secretariat and external experts)
and logistical (i.e. interpretation and working spaces) resources and operational
discretion regarding their use. It further encourages the State party to discuss with
the NPMs their resource needs and allocate appropriate resources to them.
33.
Although it is provided that the NPMs have unlimited access to all relevant
information and to all places of deprivation of liberty, the SPT has observed that, in
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