Each State Party shall maintain, designate or establish, at the latest one year after
the entry into force of the present Protocol or of its ratification or accession, one
or several independent national preventive mechanisms for the prevention of
torture at the domestic level. Mechanisms established by decentralized units may
be designated as national preventive mechanisms for the purposes of the present
Protocol if they are in conformity with its provisions.
Article 18
1.
The States Parties shall guarantee the functional independence of the na-
tional preventive mechanisms as well as the independence of their personnel.
2.
The States Parties shall take the necessary measures to ensure that the
experts of the national preventive mechanism have the required capabilities and
professional knowledge. They shall strive for a gender balance and the adequate
representation of ethnic and minority groups in the country.
3.
The States Parties undertake to make available the necessary resources for
the functioning of the national preventive mechanisms.
4.
When establishing national preventive mechanisms, States Parties shall
give due consideration to the Principles relating to the status of national institutions for the promotion and protection of human rights.
Article 19
The national preventive mechanisms shall be granted at a minimum the power,
a) To regularly examine the treatment of the persons deprived of their liberty
in places of detention as defined in article 4, with a view to strengthening, if
necessary, their protection against torture and other cruel, inhuman or degrading treatment or punishment;
b) To make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of the persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment
or punishment, taking into consideration the relevant norms of the United
Nations;
c) To submit proposals and observations concerning existing or draft legisla-
106
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