ACTIVITY OF THE OMBUDSMAN OFFICE IN ITS CAPACITY AS THE NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE ANNUAL REPORT 2015 4. Legal framework on NPM operation The Ombudsman Institution has been determined by the Parliament as the proper authority to provide the professional and independent operation of The National Preventive Mechanism against Torture (NPM). The establishment of the NPM was provided in Law No. 9094, dated 03.07.2003 “On the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)”, meanwhile its legal recognition, as a special structure near the Ombudsman in Albania became effective upon the entry into force of the Law No. 9888, dated 10.03.2008 “On some amendments and addenda to the Law No. 8328, dated 16.04.1998 “On the Rights and Treatment of Prisoners and Pre-Trial Detainees”. The National Preventive Mechanism against Torture (NPM) operates on the basis of national legislation, also guided by principles and instruments sanctioned in international legislation, such as: The European Convention on Human Rights and Fundamental Freedoms, and its supplementary protocols, ratified by the Republic of Albania with Law no. 8137, dated 31/7/1996; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by the Republic of Albania with Law no. No. 7727, dated 30/06/1993; the Optional Protocol of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), ratified by the Republic of Albania with Law no. 9094, dated 07/2003; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, ratified by the Republic of Albania with Law no. 8135 dated 31/7/1996. This list of legal instruments guiding the work of the said Mechanism is not exhaustive, as there are a number of recommendations in place, particularly those of the Council of Europe, which are crucial in guaranteeing the rights of persons deprived of their liberty. Nevertheless, these instruments are the “cornerstones” to the already several years long NPM work in Albania. NPM operates in compliance with the national legislation, a tool in the Albanian citizens’ hands to ensure they enjoy their rights stipulated in: the Constitution of the Republic of Albania; the Albanian Criminal Code; the Albanian Criminal Procedures Code; Law no. 8454, dated 04/02/1999 “On People’s Advocate”, as amended; Law no. 9749, dated 04/06/2007 “On the State Police”; Law no. 44/2012, dated 08/05/2012 “On Mental Health”; Law no. 8331, dated 21/04/1998 “On the execution of criminal decisions”; Law no. 9887, dated 10/03/2008 “On personal data protection”; Law no. 10032, dated 11/12/2008 “On Prisons Police”; DCM no. 187 dated 17/3/2010 “On some additions and amendments to the Council of Ministers Decision no. 303, dated 25/03/2009 ‘On approval of Prisons’ General Regulations’”, Law no. 9069 dated 15/05/2003 “On Military Police in the Armed Forces”; Law no. 8432, dated 14.12.1998 “On Asylum in the Republic of Albania”; Law no. 9959 dated 17/7/2008 “On foreigners”; DCM NO. 589, dated 28/8/2003 “On the set-up and 5