ÎÎFUNCTIONAL INDEPENDENCE Guaranteeing the functional independence of NPMs and the independence of their personnel are legal obligations of States parties to the Optional Protocol.26 The Optional Protocol also provides that States parties give due consideration to the Paris Principles,27 as a further source of guidance regarding guarantees of independence,28 when establishing NPMs. Functional independence includes the legislative mandate, and operational and financial independence. Legislative mandate NPMs should have their mandate set out in a constitutional or legislative text. Such texts should specify their mandate, powers, selection process, terms of office, funding and lines of accountability.29 The legislative mandate should grant NPMs powers that include visiting rights, access to information, submission of recommendations, and providing for contact with the Subcommittee.30 CHECKLIST: MINIMUM POWERS INCLUDED IN THE LEGISLATIVE MANDATE31 ;; the power to freely select the places of deprivation of liberty in which the visits are to be carried out; ;; the power to regularly examine the treatment of persons deprived of their liberty in those places; ;; the power to select the timing of such visits and determine whether they are to be announced or unannounced; ;; the power to choose the persons to be interviewed; ;; access to all information, including personal and sensitive information, premises and persons necessary for pursuing its mandate; ;; the power to make recommendations to the relevant authorities and other addressees; ;; the power to submit proposals and observations concerning existing or draft legislation; and ;; the right to have contact with the Subcommittee. Operational independence NPMs should have operational independence. They should not be placed under the institutional control of an executive branch of government, such as a ministry, cabinet or executive council, president or prime minister. The law should explicitly provide that the executive branch does not interfere with the mandate and operations of NPMs (for example, by issuing instructions to their staff, changing their mandate, etc.). 26 Article 18 (1) of the Optional Protocol. 27 Principles relating to the status of national institutions for the promotion and protection of human rights, UN General Assembly resolution A/RES/48/134 (Annex), 20 December 1993 (http://www.ohchr.org/EN/ProfessionalInterest/ Pages/StatusOfNationalInstitutions.aspx). The Paris Principles are a set of international standards that frame and guide the work of National Human Rights Institutions (NHRIs). As NPMs, NHRIs are funded by the State but are independent of it. NHRIs must comply with the Principles, which identify their human rights objectives and provide for their independence, broad human rights mandate, adequate funding, and an inclusive and transparent selection and appointment process. The Principles are broadly accepted as the test of an institution’s legitimacy and credibility. 28 Article 18 (4) of the Optional Protocol. 29 See also NPM assessment matrix for NPMs, SPT, paras 55-90. 30 Articles 19 and 20 of the Optional Protocol. 31 See, for example, SPT visit report Gabon (CAT/OP/GAB/1), 20 May 2015, para. 17; SPT visit report Honduras (CAT/OP/HND/1), 10 February 2010, para. 264, SPT visit report Armenia (CAT/OP/ARM/1). 22 May 2015, para. 27, SPT visit report Germany (CAT/OP/DEU/1), 16 December 2013, para. 36. KEY CRITERIA FOR AN EFFECTIVE NATIONAL PREVENTIVE MECHANISM I 15