NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE AND ILL-TREATMENT 2019
INTRODUCTION
By the Deputy Ombudsman
responsible for exercising the competence of the
National Preventive Mechanism
Running its sixth year of operation, the National Preventive Mechanism has
elaborated its mission by introducing improvements on its inspection methodology
and reinforcing a deliberative culture with the administrative authorities based on
1
reports and recommendations .
In that light, the Mechanism aimed at establishing an integrated monitoring and
inspection system focusing on the protection of human rights of individuals
detained or deprived of their freedom on any grounds: criminal, administrative,
psychiatric or welfare. Its vision is to introduce a system involving three key steps: 1.
Prioritization, involving setting thematic inspection priorities and thus deciding
which detention centers to inspect. 2. Main operation, involving on-site inspections
in the pre-selected detention areas followed by a report and 3. Communication of
the aforementioned report to the administration of the detention facilities and to
the state administrative authorities responsible for their oversight and monitoring.
Any recommendations included in the report and measures of their implementation
shall become the subject of a follow-up inspection. The committed and consistent
implementation of the aforementioned steps is a challenge for the successful
operation of the Mechanism in the following years focusing at achieving prompt
administrative response and promoting institutional as well as practical solutions.
1
As stipulated in Article 19 of the Optional Protocol to the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment of the General Assembly of the
United Nations (OPCAT) "The national preventive mechanisms shall be granted at a minimum
the power... (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. Whereas Article 22 provides that " 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."
10