CAT/OP/BRA/1 the adequate representation of ethnic and minority groups in the composition of the NPM, as required by article 18 of OPCAT and the Paris Principles.10 17. The SPT recommends that the State party introduce the necessary changes, so as to guarantee an open, transparent and inclusive process, in particular of civil society, for the selection and appointment of NPM members. The SPT also recommends that provision be made for gender balance and ethnic and minority representation in the NPM composition. In line with the principle of cooperation and constructive dialogue with State parties and in conformity with article 11(b)(iv), the SPT expresses its willingness to further assist the State party in the establishment of its NPM. 18. Due to the federal structure of the country, Brazilian States have started creating local mechanisms for the prevention of torture at state level. At the time of the visit, three states (Alagoas, Paraíba, and Rio de Janeiro) had legislation establishing local mechanisms. Of these three, only the latter had a functioning mechanism. The SPT is pleased by these developments and is of the view that the creation of state mechanisms should be encouraged by federal and state authorities. 19. The delegation met with the preventive mechanism for Rio de Janeiro. The Rio de Janeiro mechanism meets OPCAT requirements and has the potential for becoming a key actor for the prevention of torture. Its effectiveness, however, is being hampered by lack of material resources. 20. The SPT recommends that relevant federal and state authorities provide the Rio de Janeiro mechanism, as well as other mechanisms to be created, with functional independence and sufficient resources so as to allow these bodies to discharge their functions effectively in accordance with the provisions of OPCAT. III. Overarching issues 21. In addition to examining the specific situation of persons deprived of their liberty, the SPT examined a number of overarching systemic issues relating to the treatment of persons deprived of liberty. These issues are addressed in the following sections A-F. A. Legal framework 22. The SPT concurs with other United Nations mechanisms which have stated that the Brazilian legal framework in the field of torture prevention is to a large extent adequate. 11 The definition of torture in the internal legislation, as well as the existing legal safeguards against torture and ill-treatment and the rights of persons deprived of their liberty generally comply with international standards. The SPT is concerned, however, by the gap between the legal framework and its application in practice, as most of the rights and guarantees provided for in the national legislation were widely ignored. As noted by the Special 10 11 The Principles relating to the status of national institutions for the promotion and protection of human rights (the “Paris Principles”), annexed to General Assembly resolution 48/134. Concluding observations of the Committee against Torture on Brazil, A/56/44, paras.115-120; Report on Brazil produced by the CAT under article 20 of the Convention and reply from the Government of Brazil, CAT/C/39/2, para. 37; Concluding observations of the Committee on the Rights of the Child on Brazil, CRC/C/15/Add.241, para. 5 and 7, Report of Special Rapporteur on Torture, Sir Nigel Rodley, on his visit to Brazil, E/CN.4/2001/66/Add.2, para. 161. 5