CAT/OP/ARM/2
3.
Working methods
32.
While ensuring a clear normative framework and adequate resources will improve
the efficiency of the national preventive mechanism, more is needed. A coherent, practical,
functioning mechanism requires the adoption, from the outset, of clear working
methodologies for all its functions, in accordance with the Optional Protocol and the
principles relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles). Better communication and improved coordination
between the mechanism and the Expert Council is also key for both to work efficiently and
in a collegial manner.
33.
The Subcommittee urges the members of the national preventive mechanism to
improve information-sharing by holding regular meetings and using other channels of
communication, by adopting a collaborative attitude and by adopting clearly defined
working methods for all its functions.
4.
Existing and draft legislation
34.
The Subcommittee notes the very limited role of the national preventive mechanism
in terms of the transmittal of observations and recommendations to the authorities,
including comments on existing and draft legislation, especially the piece of legislation
relating to the fulfilment of its mandate in accordance with article 19 (c) of the Optional
Protocol. Two reasons for this might be the lack of a clear legal basis for the mechanism to
comment on draft laws and the lack of human resources to carry out that function
effectively.
35.
In order to fully discharge its mandate in accordance with article 19 (c) of the
Optional Protocol, the Subcommittee recommends that the national preventive
mechanism take proactive steps to submit proposals and comments regarding existing
and draft legislation that relates to the prevention of torture and other forms of illtreatment. To that end, it should develop a proactive strategy for setting priorities
that is based on a comprehensive analysis of the situation and follow up on its
comments and recommendations (see CAT/OP/12/5, para. 35).
36.
The Subcommittee also recommends that the national preventive mechanism
regularly publish the results of its work, be it through its annual report, a thematic
report or reports on visits, and to make public its observations on existing and draft
legislation.
B.
Recommendations on the main methodological issues relating to visits
37.
In order to assist and advise the national preventive mechanism in its task of
protecting persons deprived of their liberty, the Subcommittee makes the recommendations
below concerning preparations for visits to places of detention, the methods to be used
during such visits and steps to be taken following their completion.
1.
Prior to visits
Strategy
38.
The Subcommittee notes that the national preventive mechanism, as a collegial body
of experts, could have a better-defined strategy. It should agree on and establish a long-term
strategy of its activities and an annual plan of work including unannounced and follow-up
visits to all places of detention under the State’s jurisdiction where persons are or may be
deprived of their liberty, in accordance with articles 4 and 29 of the Optional Protocol.
6