CAT/OP/MKD/2
Financial resources
17.
The Subcommittee is concerned that a lack of financial resources presents a major
obstacle to the sustainability of the national preventive mechanism and to its effective and
efficient functioning. The designation of the Ombudsman as the national preventive
mechanism of the State party has not been followed by the allocation of the appropriate
additional resources necessary to allow it to undertake this additional role. The
Subcommittee also notes that the continuous problem of insufficient resourcing has been
regularly raised by the mechanism, including in its reports, emphasizing that only through
solving the financial problem will the State party be able to create the necessary
preconditions for an effective national preventive mechanism and, as such, fulfil its
obligations under the Optional Protocol.
18.
The Subcommittee recommends that the national preventive mechanism
evaluate its financial needs to more effectively fulfil its mandate under the Optional
Protocol, including the need for external experts and other staff as necessary, along
with the need for staff training, and that it submit proposals to the governmental
authorities concerning its financial needs, as a matter of priority. The Subcommittee
draws the attention of the mechanism to its views on the organizational issues of
national preventive mechanisms forming part of a national human rights institution
and encourages the mechanism to continue raising the financial challenges it faces in
its dialogue with the State party (see CAT/C/57/4, annex).
Human resources
19.
The Subcommittee is concerned that there is only one core staff member dedicated
to the mandate of the national preventive mechanism, apart from the head of the mechanism
and four externally funded consultants whose contracts will expire in 2019. The
Subcommittee is also concerned that the autonomy of the mechanism may be compromised
if it must rely on international donors to be fully functional and questions the long-term
sustainability of such arrangements in relation to workplans and programmes. The
Subcommittee notes with appreciation the regular involvement and engagement of
representatives from civil society and external medical experts in its visits and activities.
The current staffing situation, however, affects not only the ability of the mechanism to
fulfil its mandate but also its functional independence and operational autonomy, and
makes a systematic and strategically planned approach to its functions throughout the year
challenging. The Subcommittee acknowledges the recruitment challenges and notes with
appreciation the efforts made by the mechanism to mitigate them, as set out in its annual
report of 2015.
20.
The Subcommittee recommends that the national preventive mechanism
consult directly with the States party authorities on clearly identifying the nature and
extent of its needs, including ensuring that its staffing arrangements are under its own
control. It also recommends that it continue to raise with the State party its need for
more dedicated staff.
Visibility and awareness
21.
The Subcommittee noted that some of the authorities and rights holders it met with
had little knowledge about the national preventive mechanism, highlighting a lack of
visibility and a lack of understanding of its role and work. It appeared that persons deprived
of liberty and civil society organizations did not fully understand the preventive mandate of
the mechanism and its nature, as distinct from the Ombudsman. The Subcommittee is of the
view that this lack of visibility as a separate institution may have a detrimental effect on the
efficiency and credibility of the mechanism and therefore on the prevention of torture and
ill-treatment. The Subcommittee is also concerned about the confusion between the roles of
the mechanism and the Ombudsman, particularly since the Ombudsman has its own
mandate to visit places of deprivation of liberty.
22.
The Subcommittee recommends that the national preventive mechanism
enhance its institutional visibility through public awareness campaigns and other
promotional activities with a broad spectrum of stakeholders, including by
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