Convention and protocol
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.
Article 20
In order to enable the national preventive mechanisms to fulfil their mandate, the States
Parties to the present Protocol undertake to grant them:
(a) Access to all information concerning the number of persons deprived of their liberty in
places of detention as defined in article 4, as well as the number of places and their location;
(b) Access to all information referring to the treatment of those persons as well as their
conditions of detention;
(c) Access to all places of detention and their installations and facilities;
(d) The opportunity to have private interviews with the persons deprived of their liberty
without witnesses, either personally or with a translator if deemed necessary, as well as
with any other person who the national preventive mechanism believes may supply relevant
information;
(e) The liberty to choose the places they want to visit and the persons they want to interview;
(f) The right to have contacts with the Subcommittee on Prevention, to send it information
and to meet with it.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
113
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