CAT/OP/ITA/1 are, or may be, deprived of their liberty. Furthermore, the law does not mention the power of the NPM to have private interviews with persons deprived of liberty and any other relevant person, nor the right to maintain direct contact with the SPT (Article 20). In addition, the law does not mention the NPM power to provide observations on policies and legislations (Article 19 (c) of the OPCAT). Furthermore, neither the law nor other regulations underline the preventive mandate of the National Authority. Finally, the law is silent on prohibition of reprisals, which is a crucial element to ensure that individuals feel safe to approach and communicate with the NPM (Article 21). 14. The SPT reminds Italy of its obligations regarding the establishment of a NPM under OPCAT, Articles 3 and 17-23. It urges the Italian authorities to ensure that the legal framework provides for the full functional independence of the NPM, the clearly defined independence of its personnel, as well as unrestricted access to all places of detention along with the power of conducting private interviews, as well as the prohibition of reprisals, in accordance with OPCAT Articles 4, 18, 20 (c) and 21 and the Guidelines on National Preventive Mechanisms (CAT/OP/12/5). Moreover, the State party should guarantee in law and in practice the full mandate of the NPM, in particular its right to conduct private interviews with persons deprived of liberty and to maintain direct contact with the SPT, in order, inter alia, to follow up on compliance with the present recommendations. In line with the principle of cooperation and constructive dialogue and in conformity with the Article 11 (b)(iv), the SPT stands ready to assist Italy in fulfilling its obligations under OPCAT. B. Legal Framework 15. The SPT understands that the Italian legal framework related to immigration issues is undergoing modification, in particular in relation to the changes required to implement the migration policies of the European Union (EU). Given this context, the comments and recommendations of the SPT focus on a number of key elements related to immigration detention which it believes should underpin any future legislative plans. 16. The SPT notes with appreciation that Article 13 of the Italian Constitution protects the right to liberty of the person, requiring any restriction of personal liberty to be ordered by the Judiciary in accordance with the law. The SPT also welcomes: (a) the Law No. 67/2014 of 28 April 2014 abolishing the criminal offence of irregular stay in Italian territory; (b) the Legislative Decree No. 18/2014 of 21 February 2014, which transposes into national law European Directive 2011/95/EU, sets standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection; and (c) the Presidential Decree 394/1999 which provides that detention centres should include essential health services, activities and freedom of worship. 17. The SPT emphasises that the first and most effective way of protecting a person from the risk of torture or ill-treatment is to limit the use of detention by having recourse to it as a measure of last resort, while ensuring that the reasons for detention are clearly and exhaustively defined in law and of limited scope and duration. In each individual case, it should be determined that detention is strictly necessary and proportionate. 18. While commending the State party for reducing the maximum length of detention in CIEs from 18 months to 90 days by Law 161/2014, the SPT notes with concern that the immigration detention, that is a form of administrative detention whereby the individual has not committed a criminal offence, continues to be commonly used. 5