11 CDL-AD(2013)019 34. Should this remain part of the Higher Committee’s tasks, then the Law should include the above as a guarantee for all individuals deprived of their liberty; in their interests, the Law should further specifically state that meetings, and generally all forms of correspondence between the Higher Committee and individuals deprived of their liberty, should take place in private, with no supervision. This principle should be included in the Law. 35. Furthermore, in the event that the above is retained among the Higher Committee’s tasks, then the Law should also foresee the possibility for the Higher Committee to issue independent findings and recommendations on how to solve, in due time, problems and shortcomings identified in the facilities visited13, and to make proposals for legal reform, as required by the OPCAT. 36. If, however a national prevention mechanism is established separately under the OPCAT, then the Law should provide an adequate framework to enable effective institutional cooperation between the two bodies, including a smooth circulation of information. 37. It is also noted that, under Article 6 of the Law, the Higher Committee Chairman “carries out by special order of the President of the Republic, missions of inquiry and investigation into human rights and fundamental freedoms issues, and submits reports on this to the President of the Republic”. Clarification should be provided on what is understood by such missions, which, in any case, should be the task of the Higher Committee as such and not only of its Chairman. Additionally, the Higher Committee should be able to carry out any missions or tasks related to the promotion and protection of human rights also on its own initiative, as well as upon the request of Parliament and other competent bodies. 3. Composition of the Higher Committee. Appointment/Dismissal of its Members 38. Currently, according to Article 7, the Higher Committee is composed of a Chairman and the following members: 15 individuals known for their integrity and competence in the field of human rights “who represent different currents of thought, universities and expertise”, one representative from the Chamber of Deputies, one from the Chamber of Advisors, 12 representatives from national human rights NGOs, and one representative each from the Ministries of Justice and Human Rights, the Interior, Foreign Affairs, Education, Higher Education, Social Affairs, Health, Culture, Youth, Children, Women and Communications. In total, the Higher Committee is thus made up of more than 40 persons. The representatives of ministries shall provide coordination between the Higher Committee and their respective ministries on issues pertaining to human rights and fundamental freedoms. They may attend meetings, but may not vote. 39. It is noted that with more than 40 members, and two subcommittees, the Law appears to follow the model of the French National Consultative Human Rights Commission, which has 64 members, and is also broken down into sub-committees and working groups. Within the region, the Moroccan National Human Rights Council has 30 members, different topical working groups, and regional commissions. 40. By contrast, human rights commissions in the United Kingdom and Ireland have fewer members – the Scottish Human Rights Commission has up to 5 members (including the President), and the Northern Ireland Human Rights Commission has 8 members (including the President); the Irish Human Rights Commission has 9 members (again including the President). 41. Both larger and smaller commissions have their advantages and disadvantages – while it is easier for the former to properly reflect all parts of the population, and have a truly pluralist nature, smaller commissions may be more flexible, and have shorter decisionmaking processes. In the case of the Tunisian Higher Committee, it may be helpful, in order to enhance the efficiency and timeliness of investigation reports and decisions on complaints, 13 See also the Reports and Recommendations from the Session of the ICC Sub-Committee on Accreditation of 19-23 November 2012, Chapter 2, Specific Recommendations, p. 10.

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