Question 5: What are the main types of National Preventive Mechanism? The Optional Protocol does not prescribe that NPMs take any particular or specific form. Rather, it leaves it to each State party “to maintain, designate or establish one or several preventive mechanisms for the prevention of torture at the domestic level”.11 States can either establish new bodies or designate existing NPMs, including decentralized units. No preferred model exists as such; the key is that the mechanism shall comply with the requirements of the Optional Protocol by allowing it to perform its independent visiting mandate and other functions. Entities designated as NPMs include, for example, national human rights institutions, including the Ombudsperson,12 the “Ombudsman plus model”,13 national human rights commissions,14 and consultative commissions.15 Similarly, a “one-size-fits-all” legislative approach does not exist, since such legislation should take into account the specificities of each national context. The SPT and others experienced in the establishment of NPMs (such as other NPMs or civil society organizations) can offer valuable practical guidance on the approaches that might work well in the context in question.16 Where organizations designated as NPMs also perform other functions, it is often preferable that the NPMs’ functions be located within separate units or departments, with their own staff and separate budgets. © UN Photo/Marco Dormino 11 Article 17 of the Optional Protocol. 12 For example, in Azerbaijan, Croatia, Luxembourg, Norway, Sweden and Ukraine. 13 The “Ombudsman plus model” is the term used to describe situations in which the mandate of the Ombudsman has been expanded to include NPM functions and is sometimes also used to describe cases where other bodies are invited to work with the Ombudsman’s Office in fulfilling the NPM mandate, as is the case, for example, in Denmark, Moldova, and Serbia. 14 For example, in the Maldives, Mauritius and New Zealand (the latter being one of the NPM’s bodies). 15 For example, in Mali. 16 See, for example, the Compilation of advice by SPT to NPMs, p. 21. 8 I PREVENTING TORTURE: THE ROLE OF NATIONAL PREVENTIVE MECHANISMS – A PRACTICAL GUIDE