Special attention should be paid to developing relations with civil society members dedicated to
working with vulnerable groups.22
14. Where an organization designated as the national preventive mechanism performs other functions
in addition to those under the Optional Protocol, the national preventive mechanism functions should
be located within a separate unit or department with its own staff and a separate budget (see CAT/
OP/12/15, para. 32). The relationship between the national preventive mechanism function and
the rest of the organization, the working methods and the safeguards applicable to preserve the
independence of that function should be clearly set out in the relevant internal regulations.
15. States parties should make available the resources necessary for the effective functioning of National
Preventive Mechanisms.23 A national preventive mechanism should prioritize its own use of resources
on the basis of a regular analysis of its practice and experience and in the light of its evaluation of its
needs and the means necessary for it to exercise its mandate appropriately. The mechanism should
advocate for the provision of the resources necessary for the effective exercise of its mandate, with
the assistance of the Subcommittee and/or other relevant actors if necessary.
16. To ensure coherent and transparent functioning, National Preventive Mechanisms should develop
policies and rules of procedure for, inter alia:
(a) Organization of the office, its work and budgets for all activities described in paragraph 9 of the
present tool;
(b) Procedures for decision-making;
(c) Employment and dismissal of staff;
(d) Prevention of conflicts of interest;
(e) Employment of external experts, establishing necessary qualifications and terms of reference for
their work;
(f) Sharing of information within the mechanism;
(g) Communication with other national and international actors, including the Subcommittee, and the
press;
(h) Data protection and issues of confidentiality.
ÎÎIV. Working strategy of the national preventive mechanism
17. Given the nature of its work, it is almost inevitable that a national preventive mechanism will face
challenges such as a reluctance within bureaucracies to change structures and practices, a lack of
resources to implement recommendations and other initiatives, and, occasionally, negative public
opinion. Some of those challenges will be outside the control of the mechanism and, to some extent,
the relevant authorities with whom the mechanism engages. In such situations the mechanism should
nevertheless try to find and put forward creative solutions that might address an issue over time
in an incremental fashion. It should consider forming partnerships with national and international
actors in order to raise awareness of the obligations of the States parties among decision makers
and the general public in order to encourage and facilitate change in legislation, policies made by
authorities, general attitudes, and conditions and practices in places of detention.
18. The national preventive mechanism should develop concrete long- and short-term strategies in order
to achieve the maximum impact on problems and challenges relevant to its mandate in the local
context. Activities and their outcomes should be monitored and assessed on an ongoing basis and
the lessons learned should be used to develop the practices of the mechanism. Such an assessment
could be based on a framework, starting with existing challenges, such as resourcing issues, and an
assessment of activities currently being undertaken, moving through a range of additional factors and
activities, such as:
(a) Criteria for the selection of planned activities;
(b) Criteria for the composition of working groups and visiting and outreach teams, among others,
including the involvement of specific forms of professional expertise or other input from national/
international stakeholders;
(c) Analysis of problems and challenges, and of good practices that have been identified;
22
Ibid.
23
Article 18 (3) of the Optional Protocol.
ANNEXES I
47
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