CAT/OP/MKD/1/Add.1 VIII. National Prevention Mechanism 90. The Parliament approved in November 2017 a set of measures for implementing recommendations of the Ombudsman’s 2016 report and the government is committed to their timely implementation. 91. The Law on the Ombudsman was amended in 2016 with a view to fulfilling the Paris principles. 92. The Law on Amending the Law on the New Ombudsman in 2016 was harmonized with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ratified by the Republic of Macedonia in 2008. In accordance with Articles 14 and 20 of the Optional Protocol: • The Ombudsman may, at any time without notice and approval, inspect and talk to the people accommodated in these places without the presence of officials employed in the institution in order to protect the persons deprived of their liberty; • The Ombudsman as a National Preventive Mechanism should have unobstructed access to all places of deprivation of liberty and their facilities, access to all information concerning the number of persons deprived of liberty, as well as to the number of places and their locations, access to all information concerning the treatment of persons as well as the conditions for their deprivation of liberty, as well as the possibility of conversation without supervision of persons deprived of their liberty, in person or with an interpreter, if this is deemed necessary; and • The managing officers and authorized officials in the bodies, organizations and institutions in which persons are deprived of liberty are obliged to provide the Ombudsman – National Preventive Mechanism with unobstructed access to the documents and information relating to persons deprived of their liberty, as well as unimpeded access to places of deprivation of liberty and their facilities. 93. In accordance with Article 22 of the Optional Protocol and for the purpose of meeting the recommendations of the NPM, the law stipulates that the managerial officials and authorized officials in the bodies, organizations and institutions in which persons are deprived of liberty are obliged to examine the indications and recommendations of the Ombudsman – National Preventive Mechanism and should notify him not later than 30 days from the day of receiving the special report on possible measures of application. 94. In order to strengthen the National Preventive Mechanisms, these amendments to the Law stipulate that the Ombudsman – National Preventive Mechanism shall establish a team for prevention of torture and other cruel, inhuman or degrading treatment or punishment within the institution. At the same time, the organizational capacities for implementation of the Optional Protocol to the Convention against Torture are being strengthened. The Subcommittee on Accreditation indicated the fulfilment of the obligations arising from Article 18 of the Optional Protocol to the Convention against Torture, which requires the functional and operational independence of the National Preventive Mechanism, as well as the provision of the necessary resources for its functioning. In that direction, with the Law, in the part of the means of work, it is foreseen to allocate funds for the functioning of the Ombudsman – National Preventive Mechanism through the establishment of a separate budget program. 95. The obligation to include recommendations to remedy the established situation in annual report of the Ombudsman is introduced in the Law. It also foresees the involvement of the Parliament and the Government for responsible actions on the recommendations of the Ombudsman as well as reporting on the implementation of concrete measures. The Ombudsman is authorized to submit an application to the Standing Inquiry Committee for Protection of Human Freedoms and Rights in the Assembly of the Republic of Macedonia for examining cases of violation of constitutional and legal rights and for undertaking measures in that respect. It establishes an obligation for the Commission for Protection of Human Rights and Freedoms to consider the Ombudsman’s request for examining cases of 13

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