Independence of National Preventive Mechanisms (NPMs) In terms of their institutional structure, the NPMs must accordingly be clearly distinct from government bodies and maintain a sufficient degree of distance from them. The Subcommittee on Prevention of Torture (SPT), which serves as the OPCAT oversight body, taking reference to Italy, the Netherlands and Senegal, has specifically criticised the attachment of NPMs to existing government institutions.38 Kälin und Nowak point out in this regard that even the mere appearance of structural dependency resulting from NPM’s being organisationally attached to the government administration should be avoided.39 The Paris Principles expressly state that the national institutions must have “an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding”. They go on to explain that the “purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence”. In their legal opinion, Nowak und Kälin further stress that only genuinely professional, independent and properly funded NPMs are capable of fulfilling the purpose of the OPCAT.40 The SPT’s 2010 NPM-Guidelines emphasise that the NPMs must enjoy complete financial and operational autonomy in order to perform their activities in accordance with the OPCAT.41 For this reason, the financial resources of NPMs should appear separately in a government budget, so that the NPMs may dispose of those funds at their own discretion.42 With regard to the size of the budget, the SPT has regularly stressed the fact that the budget must in any case be sufficient to allow for comprehensive visits to all facilities where persons are deprived of their liberty.43 UN Doc. CAT/OP/SEN/2, para 15; CAT/OP/ITA/1, para 13. 38 Kälin/Nowak, p. 7. 39 Cf. Nowak/McArthur, 1075: “First, any NPM shall be based in a clear constitutional or at least legislative framework which guarantees the structural independence from all branches of government, above all from the executive branch, including the police, military and other security forces.” 40 UN Doc CAT/OP/12/5, para 12: “… the NPM should enjoy complete financial and operational autonomy when carrying out its functions under the Optional Protocol”. 41 Cf., e.g., UN Doc CAT/OP/ARM/1, para 27; CAT/OP/BRA/R.3, para 86; CAT/OP/NLD/1, para 27. 42 See Kälin/Nowak, pp. 9 and 13. 43 36 Activity Report NCPT 2017