ÎÎVISITING FUNCTIONS
“I believe that the National Preventive Mechanisms are hugely important, they are the main
treasure and the essence of the system established by the OPCAT.”
Mr. Mykola Gnatovskyy, Chair of the Committee on the
Prevention of Torture of the Council of Europe (CPT)
In accordance with the provisions of articles 4 and 19 of the Optional Protocol, NPMs shall have
the power to conduct visits to any place under the jurisdiction or effective control of the States parties
where persons are or may be deprived of their liberty, in order to regularly examine the treatment of
persons in those places and to make recommendations to the relevant authorities.
I. Access to places where persons are or may be deprived of their liberty
In order to fulfil this mandate, NPMs shall have access to all places where they believe persons may
be deprived of their liberty. Consistent with a preventive approach, a broad understanding of the
meaning of “places of deprivation of liberty” should be adopted (please also see Question 4).
NPMs should be able to choose freely the places of deprivation of liberty in which visits are to be
carried out, to determine whether the visits will be announced or unannounced, and have unrestricted
access to all parts of the premises and facilities.
The visits should be primarily unannounced in order to help ascertain the real situation of persons
deprived of their liberty. They should also be carried out at various times of the day, including during
the night.
© UN/OHCHR Photo
KEY CRITERIA FOR AN EFFECTIVE NATIONAL PREVENTIVE MECHANISM I
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