CAT/OP/CHE/ROSP/1 visits, which may pose problems of compatibility with the mandate conferred by the Optional Protocol. 35. The Subcommittee recommends that the State party review the working conditions of the Commission’s members to enable them to devote themselves fully to the activities of the national preventive mechanism, including by making it possible for some of them to work full-time and by allocating the financial resources necessary for their remuneration. E. Secretariat 36. The human resources of the permanent secretariat of the National Commission for the Prevention of Torture equate to just 3.7 full-time posts,6 with the only full-time position being that of the Secretary. The Subcommittee is of the view that this limits de facto the time spent on activities such as the preparation of and follow-up to visits, the drafting of visit and thematic reports, training and prevention activities, and dialogue and awareness-raising with stakeholders. 37. In addition, the staff of the Commission secretariat are part of the Federal Department of Justice and Police and, as such, are appointed by the Civil Service Commission. The Subcommittee is of the view that, in order to guarantee its operational independence, the national preventive mechanism must have full control over the management of its staff. 38. The Commission should be provided with a permanent secretariat that comprises staff working exclusively on tasks related to the Commission, rather than devoting some of their time to other tasks for the Federal Department of Justice and Police. Besides the lack of availability, this division of staff time may create conflicts of interest and undermine the institutional and operational independence of the national preventive mechanism. Furthermore, it makes it more difficult for the Commission to adopt an annual operational strategy, as it cannot count on having staff permanently available when it plans its activities. 39. The Subcommittee recommends that the State party guarantee the independence of its national preventive mechanism, in accordance with article 18 of the Optional Protocol, and its effectiveness, by significantly increasing the staff of the Commission secretariat and ensuring that all members of the Commission’s staff work exclusively for it, under its direct oversight. 40. More generally, the Subcommittee is of the view that an expanded permanent secretariat entirely devoted to carrying out the mandate of the national preventive mechanism, with staff working full-time, would be better able to define and implement an effective operational strategy. IV. Legal and institutional framework 41. Article 123 of the Federal Constitution recognizes the jurisdiction of the Confederation over criminal law and criminal procedure, and that of the cantons in respect of the organization of the courts, the administration of justice and the enforcement of sentences and other measures. Federal jurisdiction over criminal procedure and legal safeguards Definition and criminalization of torture 42. Article 4 of the Convention against Torture states that each State party should ensure that all acts of torture are offences under its criminal law. Article 10 of the Federal Constitution prohibits torture and other cruel, inhuman or degrading treatment or punishment. However, the only acts of torture punishable under article 264 of the Criminal Code and article 109 of the Military Criminal Code are those committed as part of a widespread or 6 GE.21-03779 Voir www.nkvf.admin.ch/nkvf/fr/home/die-nkvf/geschaeftsstelle.html. 7