EXAMPLES OF NATIONAL PREVENTIVE MECHANISMS17 ARMENIA: THE HUMAN RIGHTS DEFENDER’S OFFICE In 2008 Parliament designated the Human Rights Defender’s Office as the National Preventive Mechanism through an amendment to the 2003 Law on the Human Rights Defender. Article 6.1 of the Law, introduced in 2008, states that the Human Rights Defender is recognized as an independent NPM under the Optional Protocol. The law and subsequent amendments provide no further detail on the functioning of the NPM. The tasks and powers of the NPM therefore derive from the Optional Protocol, in particular articles 19 and 20, and have been further elaborated on in relevant internal regulations. SPT visit report to Armenia (CAT/OP/ARM/2) BRAZIL: THE NATIONAL SYSTEM TO PREVENT AND COMBAT TORTURE The National System to Prevent and Combat Torture comprises variety of institutions and bodies, including the National Committee to Prevent and Combat Torture, the National Mechanism to Prevent and Combat Torture, the National Penitentiary Department, the National Council on Criminal and Prison Policies, and local committees to prevent and combat torture at State level. The role of the National System is to integrate all these bodies and institutions and to hold an annual meeting. The National Committee was established in 2014 and became operational in 2015. SPT visit report to Brazil (CAT/OP/BRA/3) DENMARK: PARLIAMENTARY OMBUDSMAN The Parliamentary Ombudsman is the designated authority in Denmark to carry out special supervision of the conditions afforded to persons deprived of their liberty. In order to ensure that the Parliamentary Ombudsman has the necessary authority to carry out inspections of private institutions in accordance with the mandate of the OPCAT, the Ombudsman Act was amended to include persons deprived of their liberty in private institutions, and to provide that these institutions have a duty to pass on information, hand over documents and prepare written statements to the Ombudsman. In addition, the Act stipulates that ”if it is deemed necessary, and against due proof of identity, the Parliamentary Ombudsman has access at any time to inspect without warrant private institutions, where persons are or may be deprived of their liberty. If necessary, the police will assist in the execution thereof.” The NPM has also concluded agreements with the Danish Institute for Human Rights (NHRI) and DIGNITY (NGO) on formal collaboration with civil society organizations in order to strengthen the Ombudsman’s monitoring activities. GERMANY: THE NATIONAL AGENCY FOR THE PREVENTION OF TORTURE The Federal Agency for the Prevention of Torture and the Joint Commission of the Länder for the Prevention of Torture together form the two pillars of the National Mechanism for the Prevention of Torture, which was established in 2010. The Federal Agency is responsible for facilities run at federal level (detention facilities operated by the Federal Armed Forces, Federal Police and the German Customs Administration), and the Joint Commission of the Länder is responsible for facilities under the jurisdiction of the States/Länder (police, judiciary, detention facilities in psychiatric clinics, establishments of custody pending deportation, nursing homes, and youth welfare establishments). SPT visit report to Germany – NPM report (CAT/OP/DEU/2) 17 The National Preventive Mechanisms included hereunder are presented only as illustrative examples of different models and not as endorsement by the SPT or OHCHR. More information about different NPMs is available at http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/NationalPreventiveMechanisms.aspx. FREQUENTLY ASKED QUESTIONS I 9