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