ANNEX 4: SPT ANALYTICAL ASSESSMENT TOOL FOR NATIONAL PREVENTIVE MECHANISMS ÎÎI. Introduction 1. Pursuant to article 2 (1) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a State party is obliged to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. In this framework States parties are obliged to ensure that education and information on the prohibition against torture is fully included in the training of all personnel who may be involved in depriving persons of their liberty.1 The prohibition of torture should be included in the working regulations of such personnel, and all methods of and processes for taking the liberty and freedom of a person should be reviewed systematically.2 The same principles apply to other acts of cruel, inhuman or degrading treatment or punishment.3 2. In the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment it is stressed that 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 one means of prevention, the Optional Protocol establishes asystem of regular visits to all places of detention. 3. It is the responsibility of the State party to ensure that it has in place a national preventive mechanism that complies with the requirements of the Optional Protocol (see CAT/OP/12/5, para. 2). Preventive work should be carried out by that mechanism, with its main task to visit places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.4 The State party shall guarantee the organizational and functional independence of the mechanism and provide it with the resources necessary to enable it to carry out its functions in accordance with the requirements of the Optional Protocol. It shall, however, refrain from supervising the mechanism. 4. A national preventive mechanism should have the capacity to operate in conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).5 5. The development of National Preventive Mechanisms should be considered an ongoing obligation, with formal aspects reinforced and working methods refined and improved incrementally (see CAT/C/40/2 and Corr.1, para. 28 (n)). Once such a mechanism is established, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment shall maintain direct and, if necessary, confidential contact with the mechanism and offer it training and technical assistance with a view to strengthening its capacities. Upon request from a State party and/ or a national preventive mechanism, the Subcommittee will offer further advice and assistance to the mechanism in the evaluation of its needs and the means necessary to strengthen the protection of persons deprived of their liberty against torture and ill-treatment. In order to fulfil this advisory function usefully, the Subcommittee must have formed a view about the manner in which the mechanism is addressing core areas of its mandate. For this purpose the Subcommittee has prepared guidelines on National Preventive Mechanisms (CAT/OP/12/5). 6. In order to facilitate self-evaluation of mandated activities, the Subcommittee has prepared the present document, which reflects the principles set out in previously issued documents and guidelines and the prevailing thinking in the field. The Subcommittee urges existing National Preventive Mechanisms and States parties to carry out self-evaluations systematically and periodically and improve their activities to bring them into line with the guidance compiled in the present tool. In addition, National Preventive 1 Article 10 (1) of the Convention. 2 Articles 10 (2) and 11 of the Convention. 3 Article 16 (1) of the Convention. 4 Article 1 of the Optional Protocol. 5 Article 18 (4) of the Optional Protocol. 44 I PREVENTING TORTURE: THE ROLE OF NATIONAL PREVENTIVE MECHANISMS – A PRACTICAL GUIDE