STEPS PRIOR TO SELECTION
uuAdvertise publicly the vacant post(s) in NPMs;
uuConsult civil society organizations and other stakeholders; and
uuEncourage candidatures of persons from different backgrounds, professions and areas of
expertise, taking account of gender balance and adequate representation of ethnic, minority
and indigenous groups.
Privileges and immunities
Under the Optional Protocol, States are obliged to accord members and the staff of NPMs the
privileges and immunities necessary for the independent exercise of their functions.39 These privileges
and immunities protect the independent exercise of NPMs’ mandates.
CHECKLIST: IMMUNITIES
During the exercise of their mandates and in connection with NPMs’ work, the following should
be ensured:
;; Immunity from personal arrest and detention
;; Immunity from seizure of personal baggage
;; Immunity from seizure or surveillance of papers and documents
;; Absence of interference with communication
During and after the exercise of their mandates:
;; Immunity from legal action in respect of words spoken or written, or acts done, in the course
of the performance of NPMs’ duties
In addition to these immunities, confidential information collected by NPMs should be privileged.40
Legislation by States parties should not permit search or seizure, or otherwise compel disclosure, of
confidential information held by NPMs or of the sources of such information.
Protection against reprisals
The relevant legislation (such as the legislative act establishing NPMs) should guarantee the prohibition
of ordering, applying, permitting or tolerating any sanctions against any persons or organizations for
having communicated with the NPMs any information, whether true or false, and no such persons or
organizations shall be otherwise prejudiced in any way.41
39
Article 35 of the Optional Protocol. See the SPT guidelines on National Preventive Mechanisms, providing that States
ensure that both the members of the NPMs and their staff enjoy such privileges as are necessary for the independent
exercise of their functions. While it is accepted that essential basic security measures are to be complied with for
the benefit of all concerned, it is equally important that those working for NPMs not be in any way restricted in their
work and that they not feel that they might be subject to any form of pressure. Routine body searches and pat-downs
contravene the spirit of the Optional Protocol. Members of the mechanisms and their staff should only be subject
to or exempt from searches in the same manner as other authorities with similar or equal privileges and immunities
as those granted to members of NPMs by the Optional Protocol and ought to include freedom from such searches.
(CAT/OP/12/5), para. 26.
40
Article 21 of the Optional Protocol.
41
Article 21 (1) of the Optional Protocol; please see also the Guidelines against Intimidation or Reprisals (“San José
Guidelines”) (HRI/MC/2015/6), the Policy of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment on reprisals in relation to its visiting mandate (CAT/OP/6/Rev.1).
KEY CRITERIA FOR AN EFFECTIVE NATIONAL PREVENTIVE MECHANISM I
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents