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staff members that carry out any NPM functions conduct such functions alongside other
tasks. Associate organizations that observe the NPM also lack resources, resulting in
limited training. Moreover, the Subcommittee understands that a lack of funding has caused
NPM members to hesitate in expanding their agendas for preventive work, limiting their
execution of OPCAT-mandated functions.
47.
While the Subcommittee understands the State party’s interest to conserve
resources, the SPT urges the State party to provide the NPM, in its current and future
form, with the human and financial resources needed in order for it to be able to
systematically and adequately accomplish all tasks it is mandated to fulfil, in line with
Article 18, paragraph 3, of the Optional Protocol and paragraphs 8, 11 and 12 of the
NPM Guidelines.
48.
The State party should ensure funding to the NPM through a separate line in
the national annual budget referring specifically to the NPM. This funding should be
at such a level as to allow the NPM to carry out its visiting programme in all regions
of the State party and to conduct follow-up visits, recalling that an adequate budget
helps secure the functional and institutional independence of the NPM. It should also
allow the NPM to draw up annual work plans for visits, and to systematically enlist
the support of other bodies with whom it wishes to cooperate. Such funds should also
be sufficient for logistical and other infrastructural needs, including publication of its
reports and relevant dissemination tools, allowing the full execution of its mandate.
49.
The SPT recommends that the State party ensure that the NPM is able to carry
out visits in the manner and frequency that the NPM itself decides, providing the
NPM with the necessary resources to permit its effective operation. Besides the
necessary financial resources, this obligation also entails enabling the NPM to have a
sufficient number of staff and further guaranteeing their independence.
IV. Final recommendations
50.
The SPT recalls that prevention of torture constitutes an on-going and wide-ranging
obligation of the State party.
51.
The Subcommittee therefore requests that the State Party keep the SPT
annually informed of any legislative and policy changes and other relevant
developments regarding the NPM, in order that it might continue to assist the State
Party in fulfilling its obligations under the Optional Protocol.
52.
The SPT emphasizes that its visit provides the Netherlands with an ideal opportunity
to demonstrate its goodwill and readiness to fulfil its international obligations under the
Optional Protocol. In this respect, the SPT regards its advisory visit and the present report
as the commencement of a constructive dialogue with the State party. The SPT stands ready
to assist the Netherlands in fulfilling its obligations under the Optional Protocol, in
particular by the provision of technical assistance and advice, in order to achieve the
common goal of prevention of torture and ill-treatment in places of deprivation of liberty in
the State party.
53.
Further to paragraph 11, the SPT recommends that the State Party make this
report public, believing this in itself to be a preventive measure. In addition, the SPT
recommends that the State Party distribute this report to all the relevant Government
departments and institutions.
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