Independence of National Preventive Mechanisms (NPMs) A further criterion for guaranteeing the structural independence of NPMs is the procedure for the appointment or selection of their members.44 The appointment of members or hiring of staff should thus be carried out by means of an open and transparent selection process in which all stakeholders, including civil society representatives, are included.45 The reason for this is to ensure, among other things, that the members present the required professional expertise and personal independence. Finally, the NPMs must be capable of choosing their own staffs and should not be supplied with personnel by the government.46 b. National legal basis The Federal Act on the Commission for the Prevention of Torture (FANCPT)47 provides in Art. 4, para. 1 that the Commission is to “perform its mission independently”. Pursuant to Art. 7, paras. 1 and 2, the Commission is self-constituting and establishes the rules governing its organisational structure and working methods in bylaws.48 In addition, the Act prescribes that the Commission must have at its disposal the financial means it requires for its activities, for the purpose of which it may also establish a permanent secretariat.49 This provision thus implements two essential elements of the Optional Protocol. However, the issue of the Commission’s institutional structure is left open by the FANCPT, which also lacks provisions requiring the formal attachment of the Commission to any existing government department or other centralised or decentralised unit of the Federal Administration. As far as can be determined, no concrete suggestions were made during the parliamentary deliberations on the UN Doc. CAT/OP/12/5, para 16: “… the NPM should be identified by an open, transparent and inclusive process which involves a wide range of stakeholders, including civil society. This should also apply to the process for the selection and appointment of members of the NPM, which should be in accordance with published criteria.” See also the revised SPT Assessment Tool, published in 2016 in UN Doc CAT/OP/1/Rev.1, para 13. 44 UN Doc. CAT/OP/12/5, para 16: “… the NPM should be identified by an open, transparent and inclusive process which involves a wide range of stakeholders, including civil society. This should also apply to the process for the selection and appointment of members of the NPM, which should be in accordance with published criteria.” See also the revised SPT Assessment Tool, published in 2016 in UN Doc CAT/OP/1/Rev.1, para 13. 45 UN Doc. CAT/OP/SEN/2, para 17. 46 Federal Act of 20 March 2009 on the Commission for the Prevention of Torture, SR 150.1. 47 FANCPT Art. 4, para. 1, and Art. 7, paras. 1 and 2. 48 FANCPT art. 12, para. 1 49 Activity Report NCPT 2017 37