CAT/OP/MDA/1
Office mandate, such as individual complaints, which may undermine the preventive focus
of the NPM work.
16.
Whilst welcoming assurances of the Ministry of Justice that, despite current
economic crisis, the budget of the Ombudsmen Office will be increased, the Subcommittee
stresses that only financial autonomy of the NPM can guarantee its functional
independence. In addition, the Subcommittee learned that the authorities rejected a proposal
to review salary grades of the employees of the Centre for Human Rights and the request to
allow certain salary supplements for activity under high health and life risk conditions.
17.
The Subcommittee reminds that the provision of adequate financial and human
resources constitutes a legal obligation of the State party under article 18.3 of the
OPCAT. Within Ombudsman Plus model freely chosen by the State party, a
specialized subunit dedicated only and exclusively to the preventive mandate of the
NPM shall be created. The Subcommittee recommends that the State party allocate to
the NPM a separate and adequate budget to allow for its complete financial and
operational autonomy3. Moreover, the Subcommittee recommends that the State
party improve the working conditions by providing honorarium and administrative
support team to the members of the Consultative Council, as well as by reviewing the
salary scale of the employees of the subunit on prevention of the Centre for Human
Rights.
18.
Independence and expertise. Although it is comprised of the Consultative Council
together with the Centre for Human Rights, the NPM is legally placed under the Chair of
the Parliamentary Advocate (Ombudsman). Hence, the support team, employed by the
Ombudsman office, is dependent on his instructions and not on the collegial body of the
NPM. This controverts article 18.1 of OPCAT setting out that States Parties shall guarantee
the independence of the NPM personnel. Moreover, the NPM as a collegial body does not
have access to the budget, which is administered solely by the Centre for Human Rights,
and, thus, cannot decide independently on the use of resources, according to the priorities
and evaluation of needs (which should be made by the NPM as a collegial body).
19.
The Subcommittee was informed that, allegedly, the procedure used to appoint the
members of the Consultative Council has not been entirely transparent and inclusive. Also,
a limited number of candidatures was received which indicates that more efforts need to be
made to publicly announce the vacancies, disseminate information and raise visibility of the
selection process. The Subcommittee notes that any perceived or real conflict of interests of
the selection panel could cause damage to the legitimacy of the elections and, thus, should
be avoided.
20.
The Subcommittee highlights that it is the responsibility of the State party to
ensure that the elected members of the NPM have the required capabilities and
professional knowledge,4 and that the NPM enjoys complete financial and operational
autonomy when carrying out its functions under the OPCAT5. The Subcommittee
recommends that the State party
(a)
Ensure independence of the NPM Secretariat to support effectively the
activities of the collegial body of the NPM;
(b)
Allow the NPM as a collegial body to have budgetary independence by
ensuring access to a budget of its own;
3
4
5
CAT/OP/12/5, para.12.
Article 18 OPCAT.
Para.12 Guidelines on NPM, CAT/OP/12/5.
5