PART IV
National preventive mechanisms
Article 17
Each State Party shall maintain, designate or establish, at the latest one
year after the entry into force of the present Protocol or of its ratification or
accession, one or several independent national preventive mechanisms for
the prevention of torture at the domestic level. Mechanisms established by
decentralized units may be designated as national preventive mechanisms
for the purposes of the present Protocol if they are in conformity with its
provisions.
Article 18
1. The States Parties shall guarantee the functional independence of the
national preventive mechanisms as well as the independence of their
personnel.
2. The States Parties shall take the necessary measures to ensure that
the experts of the national preventive mechanism have the required
capabilities and professional knowledge. They shall strive for a gender
balance and the adequate representation of ethnic and minority groups in the
country.
3. The States Parties undertake to make available the necessary
resources for the functioning of the national preventive mechanisms.
4. When establishing national preventive mechanisms, States Parties
shall give due consideration to the Principles relating to the status of
national institutions for the promotion and protection of human rights.
Article 19
The national preventive mechanisms shall be granted at a minimum the
power:
(a) To regularly examine the treatment of the persons deprived of their
liberty in places of detention as defined in article 4, with a view to
strengthening, if necessary, their protection against torture and other cruel,
inhuman or degrading treatment or punishment;
(b) To make recommendations to the relevant authorities with the aim
of improving the treatment and the conditions of the persons deprived of
their liberty and to prevent torture and other cruel, inhuman or degrading
treatment or punishment, taking into consideration the relevant norms of the
United Nations;
(c) To submit proposals and observations concerning existing or draft
legislation.
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