1. THE LEGAL FRAMEWORK OF THE NATIONAL PREVENTIVE MECHANISM IN 2019 1.a. Legal framework The Optional Protocol of the Convention of United Nations against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2019 is an international human rights treaty that was adopted in 2002 by the UN General Assembly and entered into force in 2006. It reflects the States parties' consensus and common belief for the need for a preventive approach against the ill-treatment of persons deprived of their liberty who are thus especially vulnerable. In that light, States parties have adopted a broad definition of "torture", which includes not only the systematic infliction of pain but also any inhumane and degrading treatment which undermines human dignity. The use of torture offends human dignity and aims at dehumanizing the victim. Apart from constituting a criminal act according to national and international legislation, torture is attacking the very core of human civilization. Detention facilities, such as prisons, detention facilities for migrants, mental hospitals and police stations, to name a few, pose potential threats to human dignity. Greece ratified the aforementioned Optional Protocol with L.4228/2014, making it an integral part of its domestic law which prevails over any contrary provision of the law (Article 28, par.1 of the Greek Constitution). Article 2 of L.4228/2014 stipulates that the Ombudsman is designated as the National Preventive Mechanism against Torture and Ill-Treatment. Ιts mission includes the regular monitoring and inspection of the treatment of persons deprived of their freedom and the submission of recommendations and remarks regarding the legislation in force or the proposed legislation. The National Preventive Mechanism (hereafter NPM) may conduct inspections in public and private detention facilities with or without prior notification of the competent authorities. Such facilities may include prisons, police station cells, psychiatric hospitals, administrative detention facilities for third-country nationals, care institutions, etc. Moreover, in compliance with international practices, those visits may take place in non-working days and even at night time. During the visits, the NPM may collect data using any available means, including inspection of all detention premises, interviews and photographs. Moreover, the Ombudsman has access to any archives, documents, evidence or files (article 103 § 9 of the Greek Constitution and L.3094/2003). 15