Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies The State party must then examine the recommendations of the Subcommittee and enter into a dialogue with it regarding possible implementation measures.439 The only sanction for non-compliance by a State party with its Protocol obligations arises under Article 16(4). The CAT Committee may decide by majority vote, at the request of the Subcommittee, to make a public statement on the non-compliance of the State party, or publish any relevant report of the Subcommittee. This threat of public exposure of torture or mistreatment of detainees will provide some incentive for cooperation and compliance with the Subcommittee’s recommendations. d) The National Preventive Mechanism The National Preventive Mechanism (NPM) is a body or group of bodies which work in conjunction with the Subcommittee towards preventing torture in a particular State.440 An NPM is established, designated and maintained by the State party itself441 and operates from within its territory. The form of this mechanism will vary between State parties: [S]ome may have a single Human Rights Commission or Ombudsman Office which already enjoys most or all of the visiting capacities required. Others will have an extensive patchwork of bodies operating in different sectors that, in combination, produce an appropriate overall coverage.442 Therefore, the type of mechanism utilized by the State party will largely depend upon the nature of pre-existing bodies, and the approach of authorities towards this aspect of implementation. The domestic location of an NPM enables it to closely monitor developments in the State; an NPM is “more likely [than the Subcommittee] to be able to identify problems and apply pressure over time”.443 NPS are also a valuable source of upto-date and reliable information for the Subcommittee. Their presence gives new strength to the operation of international law domestically, as they facilitate ongoing reinforcement of the recommendations and standards of the Subcommittee. They operate to generate a national culture of human rights which is shaped by international standards.444 439 440 441 442 Article 12(d), OPCAT. See also SPT, Guidelines on National Preventive Mechanisms, (2010) UN Doc. CAT/OP/12/5. Article 17, OPCAT. Evans, M., “Signing the Optional Protocol to the Torture Convention”, (October, 2004) The New Zealand Law Journal 383, p. 385. 443 Evans, M., “International visitors in UK Cells”, (November, 2004) The New Zealand Law Journal 433, p. 434. 444 As noted by Malcolm Evans, “Those national mechanisms designated by the state become part of the international framework of torture prevention and the boundaries between the national and international suddenly become malleable and permeable”, ibid., p. 434. 140