CROATIAN PARLIAMENT Pursuant to Article 89 of the Constitution of the Republic of Croatia, I hereby issue the DECISION PROMULGATING THE ACT ON NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT I hereby promulgate the Act on National Preventive Mechanism Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment passed by the Croatian Parliament at its session on 28 January 2011. Class: 011-01/11-01/5 No.: 71-05-03/1-11-2 Zagreb, 2 February 2011 The President of the Republic of Croatia Prof. Ivo Josipović, D.Sc., m.p. THE ACT ON NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Article 1 This Act provides for the establishment of a body competent for the activities of national preventive mechanism against torture and other cruel, inhuman or degrading treatment or punishment (hereinafter: National Preventive Mechanism) in accordance with the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (Official Gazette – International Agreements, No. 2/05) (hereinafter: Optional Protocol). (3) In carrying out the activities of the National Preventive Mechanism, the People's Ombuds-person shall, where necessary, also include other independent experts in compliance with Article 18, paragraph 2 of the Optional Protocol. Article 3 (1) The activities of the National Preventive Mechanism are the following: - regular visits to places where persons are or may be deprived of their liberty, aimed at strengthening the protection of these persons against torture and other cruel, inhuman or degrading treatment or punishment; - giving recommendations to competent government bodies and institutions aimed at enhancing the treatment of persons deprived of their liberty and upgrading the conditions in which they live, with a view to preventing torture and other cruel, inhuman or degrading treatment or punishment; - making proposals and observations concerning the existing laws and regulations or their drafts with a view to enhancing the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment; - cooperation with the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture (hereinafter: Subcommittee on Prevention of Torture), sending information and meeting with the Subcommittee on Prevention of Torture. (2) For the purposes of this Act, persons deprived of their liberty are those who have been ordered into any form of detention or imprisonment or placement in a public custodial setting which they are not permitted to leave at will. Article 2 (1) The activities of the National Preventive Mechanism shall be carried out by the People's Ombudsperson. In the performance of the activities of the National Preventive Mechanism, beside the People's Ombudsperson, two representatives of associations registered for the performance of activities in the area of the protection of human rights and two representatives from the academic community shall also take part. Article 4 In the performance of the activities referred to in Article 3, paragraph 1, indent 1 of this Act, beside the People's Ombudsperson or an authorised person from the People's Ombudsperson's Office, the participation of at least one representative from associations registered for the performance of activities in the area of the protection of human rights, or a representative of the academic community referred to in Article 2, paragraph 1 of this Act, is required. (2) The representatives referred to in paragraph 1 of this Article are appointed by the People's Ombudsperson on the proposal of associations registered for the performance of activities in the area of human rights and higher education institutions on the basis of a public invitation. Article 5 The persons taking part in the performance of the activities of the National Preventive Mechanism shall have the following powers: - to pay announced visits to places or institutions and