CAT/OP/MDA/1 Annex III Text of the draft Chapter IV “National Preventive Mechanism”, as transmitted by the State party on 4 October 2012 “Chapter IV National preventive mechanism of torture Art.42 - (1) In order to protect persons against torture and other cruel, inhuman or degrading treatment, under the Ombudsman Office to be created a Council for the Prevention of Torture (hereinafter Council) as the national preventive mechanisms of torture. Article 43 - (1) The Council: a) regularly examine the treatment and conditions of detention of persons deprived of their liberty in order to strengthen their protection against torture and ill-treatment; b) propose recommendations to authorities in order to improve treatment and conditions of detention of persons deprived of their liberty and to prevent torture and other ill-treatment, taking into account relevant rules of international law and international human rights standards; c) submit proposals for improvement authorities legislation or draft legislation aimed at competence; (2) Members conduct regular or unannounced visits to places where they are or may be persons deprived of liberty, placed at the disposal of a state body or according to its decision, consent or tacit agreement. (3) Visits performed by the Council are unannounced. Council may decide to notify authorities about the visits in exceptional cases and if the purpose of the visit could be achieved in a more efficient way. (4) In order to perform independently the function of preventing torture, members of the Council will benefit of: a) the rights provided for in Article 24 paragraphs b)-g); b) the right to work, to transmit information and to meet the UN Sub-Committee against Torture and the European Committee for the Prevention of Torture. (5) Council members do not have the right to disclose confidential information and personal data of a person deprived of liberty without his consent, where the information was obtained during preventive visits. (6) All public authorities and institutions are obliged to cooperate with the Council and take all measures within its power to assist the Council in exercising its functions. (7) It is prohibited to order, apply, permit or tolerate any type of sanction, and otherwise harm a person or organization for communicating any information, true or false to Council members and other persons accompanying them, in exercising their function on prevention of torture or other cruel, inhuman or degrading treatment. 12