ANNEX 2: SPT GUIDELINES ON NATIONAL PREVENTIVE MECHANISMS ÎÎIntroduction 1. The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Optional Protocol”) provides considerable detailed guidance concerning the establishment of a National Preventive Mechanism (“NPM”), including its mandate and powers. 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. It is axiomatic that all NPMs must be structured in a manner which fully reflects these provisions. 2. It is the responsibility of the State to ensure that it has in place an NPM which complies with the requirements of the Optional Protocol. For its part, the SPT works with those bodies which it has been informed have been designated by the State as its NPM. Whilst the SPT does not, nor intends to, formally assess the extent to which NPMs conform to OPCAT requirements, it does consider it a vital part of its role to advise and assist States and NPMs in fulfilling their obligations under the Optional Protocol. To this end the SPT previously set out ‘Preliminary Guidelines’ concerning the ongoing development of NPMs in its First Annual Report. It had the occasion to further amplify its thinking in subsequent Annual Reports and also in a number of recommendations set out in its visit reports. In the light of the experience it has gained, the SPT believes it would be useful to issue a revised set of Guidelines on National Preventive Mechanisms which reflect and respond to some of the questions and issues which have arisen in practice. 3. These Guidelines do not seek to repeat what is set out in the text of the Optional Protocol but to add further clarity regarding the expectations of the SPT regarding the establishment and operation of NPMs. Section I sets out a number of ‘basic principles’ which should inform all aspects of the work of an NPM. This is followed in Section II by guidelines addressed primarily to States on a number of issues relating to the establishment of NPMs, while Section III contains guidelines for both the State and the NPM itself on the practical functioning of an NPM. 4. As it gains further experience the SPT will seek to expand these Guidelines, addressing particular aspects of the work of NPMs in greater detail. I. Basic principles 5. An NPM should complement rather than replace existing systems of oversight, and its establishment should not preclude the creation or operation of other such complementary systems. 6. The mandate and powers of an NPM should be in accordance with the provisions of the Optional Protocol. 7. The mandate and powers of an NPM should be clearly set out in a constitutional or legislative text. 8. The operational independence of an NPM should be guaranteed. 9. The relevant legislation should specify the period of office of the member(s) of an NPM and any grounds for their dismissal. Periods of office, which may be renewable, should be sufficient to foster the independent functioning of the NPM. 10. The visiting mandate of an NPM should extend to all places of deprivation of liberty, as set out in Article 4 of the Optional Protocol. 11. The necessary resources should be provided to permit the effective operation of an NPM in accordance with the requirements of the Optional Protocol. 12. An NPM should enjoy complete financial and operational autonomy when carrying out its functions under the Optional Protocol. 13. The State authorities and the NPM should enter into a follow-up process with a view to implementation of any recommendations which the NPM may make. 14. Those who are involved, or with whom an NPM is involved, in the fulfilment of its functions under the Optional Protocol should not be subject to any form of sanction, reprisal or other restriction as result of having done so. 40 I PREVENTING TORTURE: THE ROLE OF NATIONAL PREVENTIVE MECHANISMS – A PRACTICAL GUIDE