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functional autonomy as regards its resources, programme of work, findings and
recommendations, and a direct and confidential means of maintaining contact with
the Subcommittee.
19.
In accordance with article 43 of Act No. 6, the national preventive mechanism will
draw up its own annual budget, which will be submitted and defended along with the
budget of the Ombudsman’s Office. The Subcommittee received, from the Ombudsman’s
Office, a copy of the latter’s draft budget for 2018. In the introduction to the draft, reference
is made to the establishment of the national preventive mechanism, but there is no separate
line for it in the budget.
20.
The Subcommittee is of the view that, in order to ensure the financial
independence of the national preventive mechanism, the Ombudsman’s Office should
include a specific line item for the mechanism in its budget. When it adopts the budget
for the Ombudsman’s Office, the State party should specifically indicate the budget
line and the amount to be allocated to the national preventive mechanism so as to
ensure that those resources are used solely for the exercise of the mechanism’s powers
and functions.
Implementing regulations of the Act
21.
Act No. 6 states that a decree setting out regulations pertaining to the Act should be
adopted within four months of its publication in the Official Gazette (that is, by 22 June
2017). The Subcommittee welcomes the news that the Act’s implementing regulations will
be developed through a consultation process involving the creation by the Ombudsman of
an inter-agency working group made up of representatives of the State and civil society.
22.
The Subcommittee regrets that, as noted by the Committee against Torture, the
draft decree has not yet been adopted. The Subcommittee requests that the
Ombudsman submit the draft regulations to the appropriate authority for swift
adoption as soon as they are approved by the inter-agency working group.
Appointment of the director and deputy director of the national preventive
mechanism
23.
The Subcommittee noted with appreciation the appointment in August 2017 of the
members of the committee responsible for the selection of the director and deputy director
of the national preventive mechanism. It regrets that, at the time of the visit, the selection
committee’s rules of procedure had not yet been adopted, with the result that the opening of
the application period for the selection of the director and deputy director was delayed.
24.
The Subcommittee urges the State party – given that it is five years behind in
this regard – to comply swiftly with its international obligation to establish a national
preventive mechanism that is protected by the specific guarantees that such
mechanisms should be afforded. The Subcommittee requests the State party to
provide, within one month, information on the timeline for the appointment of the
director and deputy director of the national preventive mechanism and the budget
that has been allocated to it.
Keys to the functioning of the national preventive mechanism
25.
The national preventive mechanism, once established, should operate in accordance
with the Optional Protocol, articles 4 and 19 in particular, and the guidelines on national
preventive mechanisms issued by the Subcommittee. To that end, it should draw up a
workplan and a budget to ensure that places of deprivation of liberty are visited often
enough and in such a way as to make an effective contribution to the prevention of torture.
The workplan should also include cooperation with civil society.
26.
The national preventive mechanism should produce reports following its visits, in
addition to an annual report and any other reports it deems necessary. When appropriate,
the reports should contain recommendations addressed to the relevant authorities. In its
recommendations, it should take account of the relevant norms of the United Nations
concerning the prevention of torture and the Subcommittee’s guidelines.
GE.18-12640
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