CAT/OP/PRT/2 for an OPCAT-compliant mechanism structure, it is imperative for the mechanism that it is able to carry out its mandate in accordance with the principles of the Optional Protocol, as reflected in the Subcommittee’s NPM Guidelines.6 18. The Subcommittee emphasizes that the NPM should complement rather than replace existing systems of oversight and its establishment should not preclude the creation or operation of other such complementary systems.7 . In this connection the Subcommittee recommends that the national preventive mechanism take the necessary steps, legislative or otherwise, to ensure that it is independent within the Office of the Ombudsperson, with its activities and functions clearly differentiated from those of the Ombudsperson and with a mandate to act in its own capacity. 19. The Subcommittee recommends the NPM in close cooperation with the respective authorities to review the legal framework in which the NPM operates and bring it into full conformity with all relevant international norms and guidelines with a view to solve existing or potential issues that may hinder the NPM to carry out its mandate effectively and independently. The practical needs and the operability of the NPM have also to be also taken into account. Furthermore, the simplification of the Support Structure of the NPM has to be taken into consideration in order to make it more operational and effective. Human and financial resources 20. The Subcommittee is concerned that the designation of the Office of the Ombudsperson as the national preventive mechanism of Portugal has not been accompanied by the allocation of sufficient additional resources, including human resources. The SPT underlines that, pursuant to article 18 (3) of the Optional Protocol, the necessary resources must be made available for the functioning of the national preventive mechanism. Without proper resources, including in terms of staffing, the mechanism cannot fulfil its preventive mandate properly and adequately. 21. The Subcommittee is also concerned that the authorities have not allocated the necessary resources because they do not consider that the national preventive mechanism needs additional support in order to carry out its mandate effectively. The Subcommittee does not agree with such an assessment. For instance, in 2015, the Parliamentary Committee on Constitutional Affairs, Rights, Freedoms and Guarantees, did not approve Ombudsperson’s proposal to achieve three staff members to work only for the NPM. 8 During the visit the Subcommittee was informed that they were plans to hire finally a dedicated staff member specifically dealing with the NPM work. 22. The Subcommittee emphasizes that, in order for national preventive mechanisms to fulfil it mandates effectively, the NPM should have a separate secretariat and their own staff and should be able to make recourse to external experts, including medical experts, interpreters and others, as necessary, when such expertise is not available internally. 23. The Subcommittee is concerned that only 9 staff members, that is those in the visiting team, perform tasks related to the mechanism’s mandate that affects the ability of the mechanism to fully execute its mandate under the Optional Protocol. An effective system of regular visits to all the places of deprivation of liberty in Portugal cannot function properly with limited number of Ombudsperson’s staff, predominantly lawyers, who do not serve exclusively in this function. 24. According to the Annual Report of 2014, the NPM took steeps with the members of the Advisory Council to establish a list of experts who will participate in the NPM visits.9 In 2016 the NPM carried out 53 visits to places of deprivation of liberty. The teams of visitors were composed of the members of the Coordinating Council and the Visitors Team, as well 6 7 8 9 Guidelines on national preventive mechanisms (CAT/OP/12/5). Ibid NPM Annual Report 2015, para. 1.3, http://www.provedorjus.pt/site/public/archive/doc/NPM_2015_ING__0.pdf, http://www.provedorjus.pt/site/public/archive/doc/Relatorio_a_Assembleia_da_Republica_2014_MNP_ING_.pdf 5