The Prevention of Torture Through a National Mechanism and Poland, among others) while others (e.g. Senegal and France) have decided to set up a new institution. 9. Following a process of consultation involving various public bodies, The Spanish Parliament institutions and representatives of civil society in which various options were passed Public General considered, the Spanish Parliament designated the Ombudsman as its NPM via Public General Act [Ley Orgánica] 1/2009 of November 3, which introduced a single final provision into the Public General Act on the Ombudsman (LODP) Act 1/2009, formalising the designation of the Ombudsman as NPM [Ley Orgánica del Defensor del Pueblo]. This reformulation of the Act took effect on November 5, 2009. The said final provision reads as follows: “One. The Ombudsman of Spain shall carry out the role of National Preventive Mechanism against Torture pursuant to the Constitution, to this Act and to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Two. An Advisory Council is established as a technical and legal co-operation body for the exercising of the functions of the National Preventive Mechanism. The said Council shall be chaired by an Assistant to the Ombudsman to whom the latter shall delegate the functions established in this provision. Its structure, make-up and workings shall be determined by the relevant regulations”. 10. So the legislators opted to appoint an already consolidated organisation as A consolidated their NPM, with a clear constitutional mandate that covers all public administrations, organisation has been authorities and public employees. Provision has also been made for the direct appointed as NPM application insofar as may prove necessary of the provisions of the OPCAT itself, i.e. for it to be possible to activate the Protocol at privately-owned centres where persons deprived of their liberty may be held by the decision of a public authority. Precisely because it had a sufficient regulatory framework ab initio the NPM has been able to take up its remit immediately. All that remains to complete the provisions regarding the general structure of the NPM is for the Advisory Council to be formed. To that end the current Ombudsman has submitted a proposal to the relevant body of the Spanish Parliament, through which it is intended to establish an ongoing channel for dialogue and co-operation with civil society and accredited experts in matters of interest to the NPM in order to enrich the perspectives within which the Spanish mechanism works. 11. On February 5, 2010 the Permanent Representative of Spain to the United The designation was Nations Office at Geneva and to Other International Organisations informed the reported to the High High Commissioner of Human Rights of the designation of the Ombudsman as Spain’s NPM, in line with internal constitutional rules and regulations and in Commissioner of Human Rights on February 5, 2010 compliance with the country’s international obligations. THE OMBUDSMAN OF SPAIN 15