Independence of National Preventive Mechanisms (NPMs)
law”55, but is nevertheless subject to various norms and directives
that are binding on the central Federal Administration.56
In financial matters it is subject – like all other units of the Federal Administration – to the provisions of federal legislation on human resources and budgeting. Personnel costs must thus be approved by the competent department, which is also responsible for
the classification of staff positions and for all hiring and employer
decisions. The NCPT staff is employed under the same rules as apply to all Federal Administration personnel.57
Because it is attached to the General Secretariat of the FDJP, the
NCPT is able to avail itself of existing administrative, financial, linguistic and human resource services, for which the Commission
does not at present have its own budget. The administrative attachment to the FDJP makes it possible for the NCPT, by leveraging existing synergies, to maintain a lean structure, which, given the limited financial resources available to the Commission, is doubtless an
efficient solution in terms of business management.
4.3 Assessment in the light of the OPCAT
The legal opinion commissioned by the NCPT focused, in particular, on the issue of the administrative realisation of functional
independence and examined, specifically, the question of whether
the model applied to the NCPT, under which it is an organisationally
independent administrative unit without legal personality conforms
adequately to the prescriptions of international law.
RVOV Art. 7a, para. 1 (b) und RVOV Art. 2
55
Directive of 1 January 2018 on Translation Services in the FDJP [Weisungen über das Übersetzungswesen im EJPD vom 1.
Januar 2018] , under which the NCPT is required to use the translation services of the FDJP for the translation of its reports
into the official languages; the relevant ordinances, directives and guidelines on archiving services; the FDJP regulations
on internal audits; the FDJP Directive on Implementation of Data Protection and Information Security [Weisung des EJPD
über die Umsetzung des Datenschutzes und der Informationssicherheit (DSIS-Weisung EJPD)] of 1 October 2017; and the
directives and guidelines on the EJPD information technology systems.
56
Ordinance of 3 July 2001 on Federal Personnel [Bundespersonalverordnung (BPV)], (SR 172.220.111.3) Art. 1, para.1 (b)
and Art. 2, para. 4.
57
Activity Report NCPT 2017
39
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