The mandate and powers of NPMs should comply with the provisions of the Optional Protocol. The most relevant of these provisions are articles 3, 4, 17-23, 29 and 35, although other provisions of the Optional Protocol are also of importance for NPMs. Their mandates should be clearly set forth in constitutional or legislative texts setting out their composition and spheres of competence. The main objective of NPMs is to examine the treatment of persons deprived of their liberty, with a view to strengthening their protection against torture and other cruel, inhuman or degrading treatment or punishment. NPMs make recommendations to the relevant authorities (such as ministries, police headquarters, prison headquarters, and management in places of deprivation of liberty) on improving the treatment and condition of persons deprived of their liberty, and submit proposals and observations on existing or draft legislation. The mandate’s character is preventive; NPMs do not undertake investigations or adjudicate on complaints concerning torture or ill-treatment, even if they encounter such cases while carrying out their visiting function. The legislation establishing NPMs should oblige the competent authorities and other stakeholders to examine recommendations of the NPMs, and to enter into dialogue with them regarding their implementation. A NATIONAL PREVENTIVE MECHANISM IS NOT AN INVESTIGATIVE BODY. The mandate of an NPM differs from other bodies working against torture in its preventive approach: it seeks to identify patterns and detect systemic risks of torture, rather than investigating or adjudicating complaints concerning torture or ill-treatment. Question 2: Why establish a National Preventive Mechanism? ÎÎTO FULFIL LEGAL OBLIGATIONS RELATING TO TORTURE PREVENTION According to articles 3 and 17 of the OPCAT, States parties to the Optional Protocol should set up, design or maintain NPMs within one year of their ratification or accession.8 More broadly, there is an absolute prohibition of torture in international law, with no exceptions. Moreover international law also includes a legal obligation on States to prevent torture. According to article 2 (1) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a State party is obliged to adopt effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. This obligation extends to the prevention of other acts of cruel, inhuman or degrading treatment or punishment under article 16 of the Convention. The obligation to prevent torture and ill-treatment reinforces the prohibition of torture. At the same time, it remains an obligation in its own right, and failure to take appropriate preventive measures would be a breach of obligations under the Convention. The States parties to the Optional Protocol should: uuat national level, publicly promulgate the body designated as the NPM; uuat international level, notify the SPT promptly of the body designated as the NPM. 8 The obligation to set up, designate or maintain the National Preventive Mechanism may be postponed by up to three years if a declaration has been made in accordance with article 24 of the OPCAT. This period may be postponed for another two years by the Committee against Torture, after due representation made by the State party and consultations with the Subcommittee on Prevention of Torture. FREQUENTLY ASKED QUESTIONS I 5