CAT/OP/C/57/4
28.
In addition, the national preventive mechanism of the receiving State should also
have the capacity to visit those in detention on the basis of such agreements, as a natural
consequence of its general right to visit all those deprived of their liberty on the basis of
public authority and under the jurisdiction and control of the State party.
29.
After undertaking such visits, the national preventive mechanism of the receiving
State should be able to present its recommendations and enter into a preventive dialogue
with the authorities of both the receiving and sending State. The agreement entered into
between the receiving and sending States should provide for that and should permit the
variation of its terms in the light of the recommendations made.
30.
The national preventive mechanisms of the sending and receiving States should
liaise regarding the conduct of such visits, and should consider undertaking joint visits in
such circumstances and, where possible, making joint recommendations.
31.
The recommendations made ought to reflect the established approaches of the
national preventive mechanisms in question, which themselves will reflect the approach of
the Subcommittee and international standards. In cases where there is a difference of
approach and expectation, the higher expectations will be applicable to those detained on
the basis of such agreements as a reflection of the overarching principles of prevention.
23
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