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Protocol, to issue recommendations to relevant authorities and to submit proposals and
observations on existing and draft legislation.
37.
Pursuant to article 42 of the Penalties Enforcement Code, members of the national
preventive mechanism have the following rights:
• To receive information on the number of convicted persons held in the institutions
and bodies responsible for the enforcement of sentences that are subject to preventive
visits, the number of such institutions and their location;
• To have access to information on the treatment of prisoners held in the institutions
and bodies responsible for the enforcement of sentences that are subject to preventive
visits, as well as the conditions in which they are held;
• To carry out preventive visits in teams in accordance with established procedure;
• To conduct interviews with convicted persons held in the institutions and bodies
responsible for the enforcement of sentences that are subject to preventive visits
and/or their legal representatives, without witnesses, personally or through an
interpreter if necessary, and with any other person whom a national preventive
mechanism member believes can provide relevant information;
• To freely choose and visit institutions and bodies responsible for the enforcement of
sentences that are subject to preventive visits;
• To receive information and complaints concerning the use of torture or other cruel,
inhuman or degrading treatment or punishment.
38.
Members of the national preventive mechanism are independent in the exercise of
their legitimate activities.
39.
Under article 45 of the Penalties Enforcement Code, preventive visits made by
members of the national preventive mechanism fall into the following groups:
• Periodic preventive visits carried out on a regular basis and at least once every four
years;
• Mid-term preventive visits carried out in the period between periodic preventive visits
in order to monitor the implementation of recommendations arising from the outcome
of previous periodic preventive visits, and to prevent persecution by the
administration of the institution or body concerned of convicted prisoners with whom
members of the national preventive mechanism conducted interviews;
• Special preventive visits carried out when allegations of torture and other cruel,
inhuman or degrading treatment or punishment are received.
40.
The Coordinating Council determines the dates and the list of institutions subject to
preventive visits within the limits of the allocated budget.
41.
In line with article 47 of the Penalties Enforcement Code, the Coordinating Council
prepares the annual consolidated report of the members of the national preventive mechanism,
which takes account of their records of the preventive visits conducted.
42.
The report also includes:
• The recommendations made to the relevant government agencies on improving the
treatment of prisoners held in institutions and agencies responsible for the
enforcement of sentences that are subject to preventive visits and preventing torture
and other cruel, inhuman or degrading treatment or punishment;
• Proposals for improving national legislation.
43.
In accordance with article 49 of the Penalties Enforcement Code, government
agencies and officials assist members of the national preventive mechanism in their
legitimate activities.
44.
No government body or official may restrict the rights, freedoms and legitimate
interests of citizens to inform members of the national preventive mechanism about cases of
torture and other cruel, inhuman or degrading treatment or punishment.
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