4. NPMs are entitled to determine their own spending priorities within their overall
allocated budgets.
Bearing in mind the requirement for independence, NPMs should also be free to raise funds from
other sources such as private or foreign donor agencies. Such funds should not disqualify the
institutions from receiving public funds; on the contrary, governments that create such institutions
have a continuing legal obligation to fund them.
ÎÎMEMBERSHIP
Expertise and independence
The members of NPMs shall collectively have the expertise and experience necessary for the effective
functioning of such mechanisms.35 Their teams should embody a diversity of professional backgrounds
and experience,36 as well as take into account gender balance and representation of ethnic, minority
and indigenous groups.37 Relevant expertise includes legal, medical, psychological, child-related
and gender expertise, and any other related expertise so as to allow NPMs to carry out their activities
in accordance with the Optional Protocol, in an informed and inter-disciplinary fashion.
NPMs should choose their own staff without external interference. Their staff should have relevant
expertise and experience, including legal and health-care expertise, and the diversity of background,
capability and professional knowledge necessary to enable NPMs to fulfil their mandates. In order
to cover any shortages in human resources or gaps in expertise, NPMs should be able to engage
external expertise, consider setting up internship programmes, or partner with universities and civil
society or similar institutions such as social care homes.
Members should be personally and institutionally independent of State authorities. They should not
hold positions or have personal connections that would entail a real or perceived conflict of interest
when undertaking the mandates of NPMs. For example, prosecutors, prison professionals, persons
with political affiliations or close personal relations with governments, as well as judges or defence
attorneys, may run into such real or perceived conflicts of interest and would therefore be unsuitable
for membership of NPMs.
The terms of office, which may be renewable, should be sufficient to foster the independent functioning of
NPMs, including security of tenure and appropriate remuneration, to attract persons with accumulated
experience in the field of prevention of torture, and to build up institutional knowledge. For example,
some States favour a five-year period of office, which may be sufficient to allow members to be
effective but not be overly concerned about their future prospects.38 Others favour longer terms that
are fixed and non-renewable. The positions should be adequately remunerated.
NPMs should also have exclusive authority to develop their own rules of procedure in order to ensure
their operational autonomy.
RULES OF PROCEDURE should address the following issues:
uuBudgets for all activities
uuDecision-making processes
35
Article 18(2) of the Optional Protocol.
36
See, for example, SPT visit report Sweden (CAT/OP/SWE/1), 2008, para. 36.
37
Article 18(2) of the Optional Protocol.
38
See, also, Assessing Effectiveness of National Human Rights Institutions, p. 12 (OHCHR, International Council on
Human Rights Policy, 2005).
KEY CRITERIA FOR AN EFFECTIVE NATIONAL PREVENTIVE MECHANISM I
17
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