National Preventive Mechanism Annual Report 2009–10 In addition to visiting places of detention, OPCAT expects the SPT to become involved in the establishment and the ongoing work of NPMs. Article 11 of OPCAT says that the SPT must: • advise and assist States in the establishment of NPMs • maintain contact with NPMs, offering them training and technical assistance to strengthen their capacities • advise and assist NPMs in evaluating the needs of and means for protecting detainees • make recommendations and observations to States with a view to strengthening the capacity and mandate of NPMs. The SPT is currently made up of 25 independent and impartial experts from a range of relevant professional backgrounds, including lawyers, doctors and inspection experts.3 About NPMs Article 3 of OPCAT requires States Parties to “set up, designate or maintain at the domestic level one or several visiting bodies for the prevention of torture and other cruel, inhuman or degrading treatment or punishment”. These domestic visiting bodies are referred to as the national preventive mechanism. The form that NPMs should take is not prescribed – States can either create a new body or nominate an existing body to fulfil the functions. They can also decide whether one or more bodies should be designated. This flexibility has led to variety in the structure and composition of the NPMs so far designated under OPCAT. The role and powers of NPMs are similar to those of the SPT. At a minimum, OPCAT requires that NPMs have the power to: • regularly examine the treatment of people deprived of their liberty in places of detention • make recommendations to the relevant authorities with the aim of improving the treatment and conditions of detainees • submit proposals and observations concerning existing or draft legislation.4 To enable NPMs to exercise these powers, they should have: • access to information concerning the number of people deprived of their liberty, the number of places of detention and their location • access to information about the treatment and conditions of detainees • access to all places of detention • the opportunity to conduct private interviews with detainees and any other relevant person • freedom to choose which places they want to visit and who they want to interview • the right to have contact with the SPT, to send it information and meet with it.5 OPCAT also requires States Parties to examine the recommendations of NPMs and discuss possible implementation measures with them. Although NPMs are not obliged to produce annual reports, this responsibility is implied given the duty on States Parties to publish and disseminate them. 3 The independent expert from the UK is Professor Malcolm Evans from the University of Bristol. 4 Article 19. 5 Article 20. 8