CAT/OP/TUN/2 (d) Make the necessary resources available to develop and implement as soon as possible initial and continuing training programmes so as to ensure that the members of the mechanism possess the competencies and knowledge necessary in the field of torture prevention to exercise their functions effectively, both individually and collectively. In that regard, the Subcommittee and OHCHR are available to provide all necessary support to strengthen the capacities of the members in question; (e) Revoke article 13 of the Act in order to ensure that it will not be interpreted in such a way as to impede access by the members of the mechanism to certain places of detention and thereby prevent them from effectively carrying out their mandate. III. Provisional and long-term operation of the national preventive mechanism 11. The Subcommittee can only welcome the fact that the mechanism was established through the adoption of legislation, which to an extent guarantees its stability and independence. It also welcomes the appointment by the Assembly of People’s Representatives, on 29 and 30 March 2016,4 of 16 members of the National Authority for the Prevention of Torture, making Tunisia the first country in the region to establish a national mechanism for the prevention of torture. In that connection, the Subcommittee will pay particular attention to the effective establishment of the mechanism and the launch of its activities, and it may consider an early visit to follow up on the measures taken by the mechanism to implement the recommendations made. 12. The Subcommittee notes with satisfaction that the main tasks assigned to the mechanism, defined under article 3 of the Act, are consistent with article 19 of the Optional Protocol. Its members are responsible, inter alia, for carrying out regular and unannounced visits to all places of detention, for making recommendations to the relevant authorities with the aim of preventing torture, for providing advice on the texts of draft laws and regulations related to the prevention of torture, for conducting awareness-raising campaigns, for carrying out training programmes, for preparing and publishing research, studies and reports in their fields of competence, and for receiving and considering complaints and reports of possible cases of torture. The Subcommittee also welcomes the varied make-up of the mechanism, which comprises six representatives of civil society, two university lecturers, a child protection specialist, two lawyers, two judges (one of whom is retired) and three doctors (including a psychiatrist). 13. The Subcommittee notes with satisfaction that the formalities called for in Organic Act No. 2013-43 have been carried out. Specifically, the mechanism has held its first meeting to elect its Chair (art. 8); its members have been designated, with the publication of their appointment in the Official Gazette; and they have sworn their oaths of office before the Head of Government (art. 9). 14. The mechanism needs to be able to develop its organizational structures and its rules of procedure, in accordance with article 17 of the Act, and to adopt its strategy and action plan independently so that its functional and operational independence is guaranteed. In this regard, the mechanism should encourage the Government of Tunisia to adopt the corresponding implementing decrees as soon as possible. 15. The Subcommittee encourages the mechanism to assess the gaps that exist in respect of torture prevention, particularly as regards the legislative framework and monitoring the situation in places of deprivation of liberty, and to devise a strategy for responding to its assessment in accordance with its mandate. This strategy should establish criteria for prioritizing which places of deprivation of liberty are to receive periodic inspections, based on the type and size of the facility, the seriousness of any 4 GE.17-13879 There were numerous delays in the selection procedure, mainly owing to a lack of candidates presented to the parliamentary electoral commission for certain categories of expert called for in the Act, and also because of the priority given by the Government to the adoption of the new Constitution in January 2014 and to the election of the Assembly of People’s Representatives in October 2014. 5

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