Act ratifying the optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment
PART IV
National preventive mechanisms
Article 17
Each State Party shall maintain, designate or establish, at the latest one year after the entry into
force of the present Protocol or of its ratification or accession, one or several independent national
preventive mechanisms for the prevention of torture at the domestic level. Mechanisms established
by decentralized units may be designated as national preventive mechanisms for the purposes of the
present Protocol if they are in conformity with its provisions.
Article 18
1. The States Parties shall guarantee the functional independence of the national preventive mechanisms
as well as the independence of their personnel.
2. The States Parties shall take the necessary measures to ens ure that the experts of the national
preventive mechanism have the required capabilities and professional knowledge. They shall strive
for a gender balance and the adequate representation of ethnic and minority groups in the country.
3. The States Parties undertake to make available the necessary resources for the functioning of the
national preventive mechanisms.
4. When establishing national preventive mechanisms, States Parties shall give due consideration to the
Principles relating to the status of national institutions for the promotion and protection of human
rights.
Article 19
The national preventive mechanisms shall be granted at a minimum the power:
(a) To regularly examine the treatment of the persons deprived of their liberty in places of detention as
defined in article 4, with a view to strengthening, if necessary, their protection against torture and
other cruel, inhuman or degrading treatment or punishment;
(b) To make recommendations to the relevant authorities with the aim of improving the treatment
and the conditions of the persons deprived of their liberty and to prevent torture and other cruel,
inhuman or degrading treatment or punishment, taking into consideration the relevant norms of the
United Nations;
(c) To submit proposals and observations concerning existing or draft legislation.
Article 20
In order to enable the national preventive mechanisms to fulfil their mandate, the States Parties to the
present Protocol undertake to grant them:
(a) Access to all information concerning the number of persons deprived of their liberty in places of
detention as defined in article 4, as well as the number of places and their location;
(b) Access to all information referring to the treatment of those persons as well as their conditions of
detention;
(c) Access to all places of detention and their installations and facilities;
(d) The opportunity to have private interviews with the persons deprived of their liberty without witnesses,
either personally or with a translator if deemed necessary, as well as with any other person who the
national preventive mechanism believes may supply relevant information;
(e) The liberty to choose the places they want to visit and the persons they want to interview;
(f) The right to have contacts with the Subcommittee on Prevention, to send it information and to meet
with it.
Article 21
1. No authority or official shall order, apply, permit or tolerate any sanction against any person or
organization for having communicated to the national preventive mechanism any information,
whether true or false, and no such person or organization shall be otherwise prejudiced in any way.
2. Confidential information collected by the national preventive mechanism shall be privileged. No
personal data shall be published without the express consent of the person concerned.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2018
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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