CAT/OP/MKD/2
After the visit
Post-visit reports
42.
While the Subcommittee notes that reports of visits are prepared and submitted to
the authorities, a clear policy concerning the systematic post-visit follow-up on
recommendations to the authorities is not in place.
43.
The Subcommittee recommends that the national preventive mechanism
develop a clear strategy for following up on its recommendations after they have been
transmitted to the authorities and that it uses the report as a platform for dialogue
with both the authorities of the institution visited and with the appropriate
administrative and governmental authorities, including the Ministry of Health when
appropriate.
Annual reporting
44.
The Subcommittee recommends that the annual report of the national
preventive mechanism be made public and that it be publicly discussed in the
parliament and widely publicized. The annual report should include strategic, shortand longer-term plans, including the setting of future priorities for its work.
IV. Final recommendations
45.
The Subcommittee observes that the national preventive mechanism emphasizes its
visiting mandate. Although important, that focus should not mean that its other functions
under article 19 (c) of the Optional Protocol concerning the submission of proposals and
observations on existing or draft legislation are sidelined. The Subcommittee also notes that
the mechanism has not yet put together comprehensive strategies for carrying out its
activities, as prescribed by international instruments such as the Optional Protocol and the
Paris Principles.
46.
The Subcommittee recommends that the national preventive mechanism
achieve a better balance between its different functions, focusing not only on visiting
but also on other proactive and preventive activities, including capacity-building,
advocacy and public engagement. It also encourages the mechanism to develop an
annual plan of work, which should include all preventive activities, such as
commenting on draft legislation, awareness-raising and training activities.
47.
In light of the serious lack of human and financial resources available to the
national preventive mechanism, the Subcommittee recommends that it increase its
international cooperation with other national preventive mechanisms in order to
reinforce its capacities, share information and best practices and develop its working
methods, so as to improve its ability to discharge adequately its responsibilities under
the Optional Protocol.
48.
The Subcommittee regards its visit and the present report as the commencement of a
constructive dialogue with the national preventive mechanism. It stands ready to provide
technical assistance and advice, in order to reinforce the capacity of the mechanism to
prevent torture and ill-treatment in all places of deprivation of liberty in the State party and
to translate the common goals of prevention from commitments into reality.
49.
In conclusion, the Subcommittee is aware that the national preventive mechanism is
facing complex challenges regarding its legal, institutional and structural framework. It
recommends that the mechanism take a proactive attitude and undertake a thorough
internal evaluation of its requirements in order to fulfil its mandate under the
Optional Protocol adequately. It should submit proposals to the authorities to revise
its legal, institutional and structural framework, including within the Office of the
Ombudsman, and submit proposals, as a matter of priority, on the financial and
human resources it needs to carry out its mandate.
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