Mechanisms that have been designated but are not yet operational, as well as States parties in the process of ratifying the Optional Protocol and creating such mechanisms, are encouraged to use the present tool and the matrix based thereon for guidance. ÎÎII. Mandate of the National Preventive Mechanism 7. The effective prevention of torture and other cruel, inhuman or degrading treatment or punishment requires education and a combination of various legislative, administrative, judicial and other measures, as stated in the preamble of the Optional Protocol. 8. The major function of a national preventive mechanism in discharging its preventive role is to carry out visits, which may be unannounced, to places of detention.6 The purpose of such visits is to regularly examine the treatment of persons deprived of their liberty in places of detention with a view to strengthening, if necessary, their protection against torture and other cruel, inhuman or degrading treatment or punishment.7 9. In addition to conducting visits, the mandate of a national preventive mechanism should include the following activities: (a) Making recommendations to the relevant authorities, with the aim of improving the treatment and conditions of persons deprived of their liberty and preventing torture and other cruel, inhuman or degrading treatment or punishment of those persons,8 and engaging in a meaningful process of dialogue with the State party responsible and any other relevant stakeholders concerning the implementation of any recommendations made (see CAT/OP/12/5, para. 38); (b) Publicizing its opinions, findings and other relevant information in order to increase public awareness, especially through education and by making use of a broad range of media;9 (c) Submitting proposals and observations concerning existing or draft legislation10 and relevant human rights action plans, and submitting to the Government, the parliament and any other competent body on an advisory basis, either at the request of the authorities concerned or through the exercise of the mechanism’s powers under the Optional Protocol, opinions, recommendations, proposals and reports on any matters concerning the situation of detainees and any other issues within the mandate of the mechanism;11 (d) Performing systematic reviews of interrogation rules, instructions, methods and practices and of arrangements for the detention and treatment of persons subjected to any form of detention in any territory under a State party’s jurisdiction, with a view to preventing any cases of torture;12 (e) Examining rules or instructions issued in regard to the duties and functions of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of detention in order to verify conformity with the Convention, the Optional Protocol and other human rights instruments;13 (f) Assisting in the formulation of programmes for the teaching of the prohibition and prevention of torture and other cruel, inhuman or degrading treatment or punishment and carrying out research into human rights and, where appropriate, taking part in the execution of such programmes and research in schools, universities and professional circles;14 (g) Examining the curricula of education institutions to ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be 6 Articles 1 and 19 (a) of the Optional Protocol. 7 Article 19 of the Optional Protocol. 8 Article 19 (b) of the Optional Protocol. 9 Paris Principles. 10 Article 19 (c) of the Optional Protocol; see also CAT/OP/12/5, para. 35. 11 Paris Principles. 12 Article 11 of the Convention against Torture. 13 Article 10 (2) of the Convention against Torture. 14 Paris Principles. ANNEXES I 45

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents