CAT/OP/MNG/1 administrative decisions conform to the relevant treaty principles. 9 The Subcommittee notes that the Commission has regularly made recommendations in relation to the right to be free from torture, in its annual reports to the parliament. 10 In 2014, the Commission proposed the amendment of national legislation to bring the definition of the crime of torture in line with articles 1 and 4 of the Convention against Torture, and the enactment of a legal provision for the protection of victims of torture and the provision of reparations. 11 Its recent recommendations have included regulating the period for which persons may be held in pretrial detention by amending the Code of Criminal Procedure. 12 The Commission has also proposed establishing a working group to draft the legislative amendments relating to establishing the national preventive mechanism. 13 18. The Subcommittee notes that the State party has been developing a draft law to amend the law establishing the Commission so as to extend its mandate for the purposes of serving as the national preventive mechanism and that the amendment is due to be adopted by the parliament in the near future. The decision as to which legal framework best suits a national preventive mechanism is a matter for the State party to determine, however, it is imperative that the chosen mechanism be set up in full compliance with the Optional Protocol and the Subcommittee’s guidelines on national preventive mechanisms (see CAT/OP/12/5). The national preventive mechanism should be established through a public, inclusive and transparent process, involving civil society and other actors engaged in the prevention of torture in Mongolia. A similar process should be applied in the selection and appointment of the head and the members of the mechanism, which should be in accordance with published criteria. 19. Once established, the national preventive mechanism should carry out its functions in a manner which avoids actual or perceived conflicts of interest. All members of the national preventive mechanism should undergo training, including on interview techniques, visiting procedures and the detection of signs and risks of torture and ill-treatment. Working methods and a comprehensive visiting methodology should be developed to highlight institutional and systematic challenges, including those affecting vulnerable populations in places of deprivation of liberty. 20 Furthermore, after its establishment, the State authorities and the national preventive mechanism should enter into a meaningful process of continuous dialogue, with a view to the implementation of the recommendations of the mechanism, with the aim of improving the treatment and conditions of detention of persons deprived of their liberty and preventing torture and other ill-treatment or punishment. The State party should publish and widely disseminate the annual reports of the national preventive mechanism. 21. The Subcommittee recommends that the Government of Mongolia comply with its obligations under the Optional Protocol by establishing its national preventive mechanism through the enactment, as soon as possible, of a law that grants the national preventive mechanism functional and operational independence, with due consideration to the principles relating to the status of national institutions (the Paris Principles), and that fully reflects the requirements set out in the Optional Protocol and the Subcommittee’s guidelines on national preventive mechanisms. 22. The Subcommittee recommends that the following elements, drawn from the Subcommittee’s guidelines on national preventive mechanisms, be taken into account by the authorities when designating or establishing an independent and effective national preventive mechanism: (a) The national preventive mechanism should be established in accordance with the relevant provisions of the Optional Protocol and of the Paris Principles; 9 10 11 12 13 Ibid., article 13.1.1–13.1.3. National Human Rights Commission of Mongolia, Fourteenth Status Report on Human Rights and Freedoms in Mongolia (Ulaanbaatar, Ekimto, 2015); and Fifteenth Status Report. National Human Rights Commission of Mongolia, Fourteenth Status Report. Ibid., Fifteenth Status Report. Ibid., Sixteenth Status Report on Human Rights and Freedoms in Mongolia (Ulaanbaatar, 2017). 5