interviews with the persons deprived
of their liberty without witnesses,
either personally or with a translator
if deemed necessary, as well as with
any other person who the national
preventive mechanism believes may
supply relevant information;
treatment or punishment;
(b) To make recommendations to the
relevant authorities with the aim of
improving the treatment and the
conditions of the persons deprived
of their liberty and to prevent torture
and cruel, inhuman or degrading
treatment or punishment, taking into
consideration the relevant norms of the
United Nations;
(c) To submit proposals and observations
concerning existing or draft legislation.
Under Article 20, the State Parties grant
NPMs
(a) Access to all information concerning the
number of persons deprived of their
liberty in places of detention as defined
in article 4, as well as the number of
places and their location;
(b) Access to all information referring to the
treatment of those persons as well as
their conditions of detention;
(c) Access to all places of detention and
their installations and facilities;
(d) The opportunity to have private
(e) Freedom to choose the places they want
to visit and the persons they want to
interview;
(f ) The right to have contacts with the
Subcommittee on Prevention, to send it
information and to meet with it.
“No authority or official shall order, apply,
permit or tolerate any sanction against
any person or organization for having
communicated to the national preventive
mechanism any information, whether true
or false, and no such person or organization
shall be otherwise prejudiced in any way”
(part one of Article 21).
“Confidential information collected by
the national preventive mechanism shall
be privileged. No personal data shall be
published without the express consent of
the person concerned” (part two of Article
21).
1.1.2. SPECIFIC FEATURES OF THE “OMBUDSMAN +”NPM FORMAT IN
UKRAINE
On October 2, 2012 the Verkhovna Rada
of Ukraine passed the Law of Ukraine “On
Amendments to the “Law of Ukraine on
the Ukrainian Parliament Commissioner for
Human Rights” vesting the NPM functions
with the Ombudsman of Ukraine.
Under p. 8 of Article 13 of the “Law of
Ukraine on the Ukrainian Parliament
Commissioner for Human Rights” the
NPM has the right to visit, without prior
notification about the time and purpose
of such visits and without any limitation of
the number of visits:
•
places where individuals are forcibly
held by virtue of a decision of a court
or an administrative authority in
accordance with the law, including
temporary holding facilities, rooms
for detained and apprehended
persons with duty units of Internal
Affairs (police) authorities, temporary
accommodation centers for foreign