CAT/OP/NZL/1
of places of detention within its mandate and is sufficient to fulfil its other essential
functions under the Optional Protocol;
(d)
Provide the bodies of the national preventive mechanism with the means
to ensure that they have access to the full range of relevant professional expertise, as
required by the Optional Protocol (art. 18 (2)).
15.
The Subcommittee wishes to be informed, as a matter of priority, of the steps
taken to provide the national preventive mechanism with the financial and human
resources necessary for its effective operation in accordance with the Optional
Protocol.
Institutional visibility and scope of mandates
16.
The Subcommittee believes that the status and visibility of the bodies of the national
preventive mechanism should be enhanced. There are also issues concerning gaps and
overlaps in their mandates which need addressing. For example, it appears that 161
facilities for the care of persons with dementia are not covered by the mechanism. It also
seems that the rigid mandates of the mechanism lead to missed opportunities for synergies
and cooperation. For instance, the Children’s Commissioner monitors youth and justice
residences, but has no mandate to consider the treatment of minors and juvenile offenders
in police custody or immigration or penitentiary institutions. The Subcommittee believes
that the Children’s Commissioner ought to be able to engage in thematic cross-cutting
studies with regard to the treatment of minors deprived of their liberty. Finally, it notes that
the bodies of the mechanism have been engaging with the authorities and civil society on a
bilateral basis rather than as a collegial body of experts.
17.
Given that the State party is under a continuing obligation regarding the
effective functioning of the national preventive mechanism, the Subcommittee
recommends that the authorities:
(a)
Organize as a matter of priority a meeting with the bodies of the national
preventive mechanism collectively, in order to discuss in depth their challenges,
including gaps in their respective mandates;
(b)
Take steps to enhance the status and recognition of the national
preventive mechanism as a key collegial body for preventing torture and ill-treatment;
(c)
Support the bodies of the mechanism as they seek to develop and
maintain a collective identity through, inter alia, joint visits and joint public reports,
harmonized working methods, shared expertise and enhanced coordination;
(d)
Improve channels of communication with the bodies of the mechanism
regarding the implementation of recommendations arising from their visits;
(e)
Involve the bodies of the mechanism collectively in the implementation of
the recommendations contained in the report of the Subcommittee;
(f)
Encourage dialogue and better connectivity between the bodies of the
mechanism and civil society.
III. Overarching issues
18.
The Subcommittee would like to comment on a number of overarching systemic
issues relating to the treatment of persons deprived of their liberty.
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