ÎÎTO EFFECTIVELY PREVENT TORTURE
Preventive monitoring contributes to the decrease of acts of torture and ill-treatment. Such acts are
more likely to occur in places that are not subject to independent and external scrutiny. Through its
visits to places where there are or may be persons deprived of their liberty, NPMs conduct such critical
examination. Monitoring conditions of detention and the identification of shortcomings in relevant rules,
procedures and practices, as well as recommendations aimed at addressing these shortcomings, help
promote institutional reform and good practices that reduce the risk of torture and ill-treatment.
Question 3:
What are the functions of National Preventive Mechanisms?
The key function of NPMs is their visiting function, namely carrying out visits to places of detention.
According to article 4 of the Optional Protocol, the visiting mandate of NPMs must extend to all
places where people are, or may be, deprived of their liberty, for example in the sense of their
not being free to leave.9 The purpose of such visits is to regularly examine the treatment of persons
deprived of their liberty.
NPMs also have an advisory function that includes providing recommendations to State authorities
(opinions, proposals, reports); submitting legislative proposals; reviewing rules concerning both
detention (interrogation rules, instructions, methods and practices) and personnel-related issues
regarding those involved in the custody, interrogation and treatment of persons deprived of their
liberty (including, for example, law enforcement; civil, military or medical personnel; and public
officials); and contributing to States parties reports or presenting their own reports to human rights
mechanisms and following up their recommendations.
The educational function of NPMs includes participation in training and development of educational
and awareness-raising programmes in schools, universities and professional circles; and examination
of the curricula of educational institutions to ensure that education and information on the prohibition
of torture is included in the training of law enforcement personnel, civil or military personnel, medical
personnel, public officials and other persons who may be involved in the custody, interrogation or
treatment of any individual subject to any form of detention.
The cooperation function embraces engagement through meaningful dialogue with the State party
authorities and other relevant stakeholders concerning prevention of torture and ill-treatment. Further,
NPMs establish and maintain contact both with other NPMs, with a view to sharing experiences and
reinforcing effectiveness, and with the SPT, through regular meetings and the exchange of information.
Question 4:
Where and when do National Preventive Mechanisms conduct visits?
NPMs should have unrestricted access to all places, including any suspected places where persons
are or may be deprived of their liberty, either by virtue of an order given by public authorities or at
their instigation or with their consent or acquiescence, within the jurisdiction of the States parties. The
jurisdiction of States parties extends to all places over which they exercise effective control. These
include all places in the territories of the States parties, as well as those not situated within their
territories but still within their powers or effective controls. They also include those places in which
9
Article 4 para 2 defines deprivation of liberty as “any form of detention or imprisonment or the placement of a
person in a public or private custodial setting which that person is not permitted to leave at will by order of any
judicial, administrative or other authority”.
6 I PREVENTING TORTURE: THE ROLE OF NATIONAL PREVENTIVE MECHANISMS – A PRACTICAL GUIDE
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents