Independence of National Preventive Mechanisms (NPMs) a. A  dministrative attachment and functional independence The NCPT is the third European NPM, in addition to those of Italy and the Netherlands that is administratively attached to a government ministry. Switzerland thus stands relatively alone in choosing this solution, as compared with the majority of European countries. The SPT has described this ministerial attachment as a source of concern in the cases both of the Netherlands and of Italy, noting in that respect that such proximity to the government could impair the functional independence of the NPMs or, at the least, have a detrimental impact on their credibility.59 Both in Italy and in the Netherlands, facilities for the deprivation of liberty are directly subordinated to the respective ministries, which severely compromises the appearance of independence. Because of the federalist division of powers60 in Switzerland, that circumstance is somewhat mitigated. This notwithstanding, the FDJP, to which the NCPT is subordinated, holds authority in matters of migration and the enforcement of correctional and administrative measures. The scope of the FDJP’s authority extends to both operational and financial matters and it also acts as the ordering authority in cases of deprivation of liberty. The question must thus be addressed as to what extent the substantive authority of the Federal Administration in connection with the ordering or enforcement of deprivation of liberty measures could compromise the appearance of the NCPT as an independent body. i.  Competence of the Confederation in matters of deprivation of liberty Although the enforcement of deprivation of liberty measures lies, in principle, with the cantons, the Confederation is nevertheless competent for various matters which also fall within the scope of the NCPT’s mandate.61 Thus, for example, the Confederation Cf. Kälin/Nowak, p.10. 58 Report on the visit made by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Italy (fn. 24, above), para 13. 59 Federal Constitution of Switzerland, Art. 123, para. 2 60 Cf. Kälin/Nowak, p. 11. 61 40 Activity Report NCPT 2017