12 ΣΥΝΗΓΟΡΟΣ ΤΟΥ ΠΟΛΙΤΗ Ι. Legal framework and operation of the National Preventive Mechanism T he Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) is an international convention on human rights, which was adopted by the General Assembly of the United Nations in 2002 and entered into force in 2006.The common denominator was the consensus and the common understanding of the member states of the international community, that the efforts against the ill-treatment of persons who are deprived of their liberty, and are therefore in an especially vulnerable position, should focus on prevention. In this context, a broad definition of torture was adopted, including not only the systematic infliction of pain, but any inhuman and degrading treatment downgrading human existence. The use of torture offends human dignity and aims at annihilating the victim’s personality. Not only does it constitute a criminal act, under both national and international law, it is also an act against human civilization itself. Facilities such as prisons, immigrant detention centers, psychiatric wards, police cells etc. often pose a threat to human dignity. Greece ratified the Optional Protocol with Law 4228/2014, transposing it into national law with increased formal power. Article 2 of the above law nominated the Ombudsman as the National Preventive Mechanism against Torture. The mission of the National Preventive Mechanism comprises of the regular review of the treatment of persons deprived of liberty, the delivery of recommendations for improvement to the competent authorities and the submission of proposals and observations regarding the applicable legislation or drafting of legislation. Article 4 of L. 4228/2014 stipulates that the National Preventive Mechanism visits all places of deprivation of liberty -either public or private- with or without prior notification of the relevant authorities. Such facilities include prisons, police cells, psychiatric wards, administrative detainment spaces of third-country nationals, welfare institutions, etc. These visits may be carried out, in line with international practice, on non-working days or even during the night. NPM inspections include the collection of data by all means available, such as, indicatively, visiting all detention areas, interviewing persons and taking photographs. Furthermore, under the general competence of

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