CAT/OP/ARM/2
Expert Council, which does not foster team spirit when mechanism-related activities are
undertaken. The Subcommittee believes that this undermines the functioning of the
institution, jeopardizes the institutional credibility of the mechanism and is not conducive to
the establishment of a credible, visible and effective mechanism for the prevention of
torture in Armenia.
25.
Nonetheless, the Subcommittee believes that making the necessary amendments to
the legal framework of the national preventive mechanism, irrespective of the format of that
framework (whether it is a separate piece of legislation or an amendment to the current one),
will provide a definitive solution to the current legal and operational ambiguity.
26.
The Subcommittee recommends that the national preventive mechanism take
proactive steps to submit proposals and comments concerning its legal, institutional
and structural framework. In conformity with the guidelines on the national
preventive mechanisms, the Subcommittee recommends clearly separating the
activities and functions of the mechanism from those of the Human Rights Defender’s
Office (see CAT/OP/12/5, para. 32).
1.
Visibility and identification
27.
The Subcommittee believes that the visibility of the national preventive mechanism
could be improved by it being a completely separate institution from the Human Rights
Defender’s Office, especially since persons deprived of their liberty and civil society
organizations do not perceive the mechanism as independent. The Subcommittee is of the
view that the mechanism’s lack of visibility may have a detrimental effect on its efficiency
and credibility.
28.
The Subcommittee is concerned about the confusion between the roles of the
national preventive mechanism and those of the NGOs that make up the Expert Council.
The mechanism should be clearly identified in all visits, meetings, written communications
with the authorities, places of detention and other institutions. All members of the
mechanism and the experts participating in its activities should refrain from taking up any
role other than the one assigned to them for the fulfilment of the mandate of the mechanism.
29.
The Subcommittee recommends that the national preventive mechanism
enhance its institutional visibility through public awareness campaigns and other
promotional activities. The Subcommittee also recommends producing material on the
mechanism’s mandate and activities and distributing it in places of deprivation of
liberty and among civil society at large, clearly identifying such materials as having
been produced by the mechanism. Finally, the national preventive mechanism should
disseminate its annual reports, including by transmitting them to the Subcommittee,
as provided for and for the purposes set out in the Optional Protocol (see
CAT/OP/12/5, para. 40).
2.
Resources
30.
The lack of financial resources, despite not being the national preventive
mechanism’s responsibility, is a major obstacle for its efficient functioning.
31.
The Subcommittee recommends that, in evaluating the financial needs of the
national preventive mechanism, account be taken of all the activities mandated under
the Optional Protocol. In that connection, the continuous problem of insufficient
resources, including of staff, will be raised by the Subcommittee in its final report to
the State party. In its report, the Subcommittee will highlight that it is only by solving
the problems connected with resources that the State party will be able to create the
preconditions necessary for an effective national preventive mechanism and, as such,
fulfil its obligations under the Optional Protocol.
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