CAT/OP/PRT/2
as external experts. 10 During the visit the SPT was informed that the NPM was predominantly
composed of lawyers. In order to be able to carry out visits under the Optional Protocol the
Subcommittee recommends to make the Visiting Team multidisciplinary and to include
medical and other experts in the team.
25.
Recalling the requirements of Articles 18 (1) and (2) of the Optional Protocol, the
Subcommittee recommends to ensure that NPM staff have the diversity of background,
capabilities and professional knowledge necessary to enable it to properly fulfil its NPM
mandate.11 This should include, inter alia, relevant legal and health-care expertise with
a due consideration of gender parity.
26.
Recalling that OPCAT article 18 (3) obliges States parties to provide NPMs with
the necessary financial and human resources to undertake their work, the SPT
reiterates that the NPM shall be provided with a budget sufficient for accomplishing all
mandated tasks, in addition to granting the NPM the institutional autonomy to use its
resources. This funding should be provided through a separate line in the national
annual budget referring specifically to the NPM 12 and not through the general budget
of the Ombudsperson. This funding shall be at such a level as to allow the NPM to carry
out its visiting programme, to engage outside experts as and when appropriate, to
increase its human resources and to regularly access training, in accordance with its
own work plan.
27.
In order to ensure the functional and operational independence of the NPM and
with a view to clearly identify the nature and extent of these additional needs, the NPM
has to enter into constructive dialogue with the relevant State authorities in order to
ascertain what is needed by the NPM to permit it to properly fulfil its NPM mandate in
accordance with the provisions of the Optional Protocol.
28.
The Subcommittee recommends that the national preventive mechanism
evaluate its financial needs in order to more effectively fulfil its mandate under the
Optional Protocol, and that it submit proposals to the governmental authorities
concerning its financial needs. The Subcommittee also recommends that the NPM
continue to raise with the State party its need for more dedicated staff.
B.
Recommendations on methodological issues
Work plan, reporting and follow-up
29.
The Subcommittee notes that the NPM is mainly focusing on detention monitoring
activities, and primarily in places under criminal law and less in hospitals and health
institutions. Nevertheless this was mentioned as one of the areas that would be given stronger
priority, in particular if a broader composition of the visiting team was made possible.
Furthermore, although the NMP has the legal competence to submit proposals and
observations concerning draft legislation, it has not been involved in commenting on draft
legislation. 13
30.
The Subcommittee recommends that the NPM has stronger focus not only on
visiting places of deprivation of liberty but also on other preventive activities. The
Subcommittee further recommends the NPM to develop an annual plan of work which
should include all preventive activities, such as commenting on draft legislation,
awareness raising and training activities, in accordance with article 19 of the Optional
Protocol.
31.
While the Subcommittee notes that reports of visits are prepared and presented to the
Parliament, it also notes that there is no clear policy concerning the systematic follow-up and
10
11
12
13
http://www.provedorjus.pt/site/public/archive/doc/National_Preventive_Mechanism_Report_to_the_Parliament_2016__E
N__0.pdf
Guidelines on national preventive mechanisms (CAT/OP/12/5), para. 20.
See Compilation of advice provided to NPMs, (CAT/OP/C/57/4), Part III.
NPM assessment matrix for NPMs filled in by the NPM
6