A/65/273
84. The provision of inadequate resources has an effect on the capabilities and
professional knowledge required by article 18, paragraph 2, of the Optional
Protocol. A pluralistic composition cannot be ensured by a national preventive
mechanism body that consists of only one member, as is the case in Germany. In
contrast, the French national preventive mechanism has 14 full-time inspectors and
can call on an additional 14 inspectors to take part in specific missions, thereby
facilitating the participation of persons from various educational and professional
backgrounds. Small national preventive mechanisms with only a few members have
to largely rely on the expertise of ad hoc members or external experts for the
effective performance of monitoring visits. In practice, this can create difficulties,
including in regard to their availability. Therefore, some States, for example the
Czech Republic, Denmark, Luxembourg and Slovenia, have entered into
cooperation agreements with relevant civil society organizations in order to ensure
external support for their national preventive mechanisms.
85. In order for national preventive mechanisms to carry out their functions
effectively, they must have a clear understanding of their tasks and roles. Particular
problems can arise for a national preventive mechanism that functions within a
previously existing institution such as a national human rights institution, for a
national preventive mechanism composed of several bodies and for a national
preventive mechanism that cooperates institutionally with civil society
organizations. Those models all require a particular effort of planning and
coordination and a clarification of the exact roles and tasks within the institution. In
national human rights institutions designated as national preventive mechanisms, the
roles of the members of the national preventive mechanism and the staff of the
national human rights institution may not always be clear and the different tasks of
the national human rights institution may impede the effective and autonomous
functioning of the national preventive mechanism. Therefore, it is recommended
that national human rights institutions designated as national preventive
mechanisms create separate units or departments where employees are explicitly and
fully assigned for the performance of the tasks of the national preventive
mechanism, as in Costa Rica, Luxembourg, Maldives, Mexico and Spain. The units
should have an autonomous agenda and programme of action, and their own staff
and budget. Concerning the designation of several existing institutions as national
preventive mechanisms, as in the United Kingdom and New Zealand, adequate
coordination of the work of the bodies is necessary in order for them to function
effectively and coherently. An equal need for coordination and coherence arises in
cases where national preventive mechanisms cooperate institutionally with
non-governmental organizations, as in the Republic of Moldova and Slovenia. In the
Republic of Moldova, their institutional involvement has led to a serious internal
conflict over the competences and roles of the different members. Additionally,
there is a risk of the dilution of their mandates for non-governmental organizations
and of a loss of independence and credibility for the national preventive mechanism
if the division of tasks is unclear.
86. The setting up of a national preventive mechanism requires a careful
preparatory process that is to be “public, inclusive and transparent”, including civil
society and all other actors involved in the prevention of torture, as in Honduras and
Paraguay. A transparent and inclusive preparatory process creates greater public
attention for the future national preventive mechanism, ensuring its credibility, and
may prevent problems after its designation. Many States seek assistance from
10-48049
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents