CAT/OP/ITA/1 for the purpose of having such meetings subsequently was discussed during a meeting between the SPT and the Permanent Mission of Italy to the United Nations in Geneva and was subsequently arranged on 4 February 2016. 10. The challenges encountered with regard to cooperation and assistance appeared to reflect a lack of understanding of the nature and scope of the SPT’s mandate as set out in OPCAT, Article 11, as well as a failure of understanding by the State Party to appreciate the extent of its obligations under OPCAT, Article 12, to ensure the SPT could exercise that mandate effectively. The SPT was pleased to note that the aforementioned misapprehension seemed to be resolved as a result of the follow-up visit. 11. The follow-up visit allowed the SPT to receive further input from the high-level authorities and discuss practical ways to continue the dialogue for the implementation of the SPT recommendations, including through regular exchanges, in written form and other appropriate channels, including by Skype. The SPT was pleased to learn about the willingness of Italy to engage in such a dialogue and appreciated the swift follow up of the authorities in producing some useful additional documentation shortly after the visit. The SPT acknowledges the exchange, with thanks, and considers it a good opening of the dialogue. III. Findings A. National Preventive Mechanism 12. According to OPCAT, Article 3, a National Preventive Mechanism (NPM) must be established at the latest one year after the ratification of the OPCAT by the State party. Italy signed OPCAT in 2003, followed by ratification on 3 April 2013. On 21 February 2014, Italy adopted Law N° 10/2014,1 providing for the establishment of the National Authority (Garante nazionale) for the Rights of Persons Detained or Deprived of Personal Liberty, which will constitute the NPM together with the Local Authorities for the rights of persons deprived of liberty at regional and city levels. The SPT regrets that at the time of the visit, the NPM had not yet been fully established and was not functional. During its follow-up visit on 4 February 2016 the SPT was informed that two out of the three members of the National Authority were formally appointed. 13. Law N° 10/2014 provides that the National Authority will be a collegial body, comprised of one President and two members. They are to be appointed by the President of the Republic, following a decision of the Council of Ministers and the opinion of the relevant Parliamentary Commissions. The office of the National Authority is within the Ministry of Justice from which it derives the human resources for its operation. 2 The National Authority has recently been given a status of detached (distaccato) unity with an autonomous budget. Despite the steps which have been undertaken in order to give the National Authority more autonomy, the SPT is concerned that law N° 10/2014 and other regulations do not clearly provide for sufficient functional, personal and financial independence required for a NPM to be in compliance with OPCAT (Article 18). Moreover, the SPT is concerned that the law does not explicitly provide the NPM with unrestricted access to all facilities, thus, contravening Articles 4 and 20 (c) of the OPCAT which establish the obligation for States parties to allow visits to all places where people 1 2 4 Law No.10, converting into law Legislative Decree 146/2013, http://www.lexitalia.it/leggi/2013146.htm. See Article 7, Legislative Decree 146/2013.