Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
disseminate the Annual Reports of the NPM, and their content should be presented
and discussed in national legislative assemblies.456
The powers granted to the NPM in relation to monitoring detainees and making recommendations and proposals reflect the minimum powers which must be
granted to the NPM under the Protocol;457 a State party may choose to authorize
further powers to its NPMs.
ii. The Relationship between the Subcommittee
and the NPMs
A strong working relationship between the Subcommittee and the NPM is crucial for the optimal functioning of the Protocol. The State party should encourage and facilitate such contact and communication.458 This communication may,
if necessary, be kept confidential.459 The Subcommittee assists and advises the State
party in the establishment of NPMs and, once established, it can offer training and
technical assistance to them, as well as advice and assistance in the evaluation of
their needs and means.460 The Subcommittee should also make recommendations
and observations to State parties in relation to strengthening the capacity and the
mandate of an NPM.461
e) Protecting Those who Communicate
or Provide Information
In order for the Subcommittee and the NPMs to assess the true situation in relation to the practice of torture within a State, they must be able to have uncensored
and open communication with relevant individuals and groups. Therefore, such
individuals and groups must be able to speak freely with the Subcommittee and
NPMs, without fear of reprisal or punishment. Article 15 therefore states:
No authority or official shall order, apply, permit or tolerate any sanction against
any person or organization for having communicated to the Subcommittee on
Prevention or to its delegates any information, whether true or false, and no such
person or organization shall be otherwise prejudiced in any way.
Article 21(1) ensures that the same degree of protection is offered in relation to
NPMs. With both the Subcommittee and NPMs, no personal data will be published
without the explicit consent of the individual or persons concerned.
456
457
458
459
460
461
142
SPT, Guidelines on National Preventive Mechanisms, (2010) UN Doc. CAT/OP/12/5, para. 29.
Article 19, OPCAT.
Article 12(c), OPCAT.
Article 11(b)(ii), OPCAT.
Article 11(b)(iii), OPCAT.
Article 11(b)(iv), OPCAT.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents