CAT/OP/1/Rev.1
4.
A national preventive mechanism should have the capacity to operate in conformity
with the principles relating to the status of national institutions for the promotion and
protection of human rights (the Paris Principles).5
5.
The development of national preventive mechanisms should be considered an
ongoing obligation, with formal aspects reinforced and working methods refined and
improved incrementally (see CAT/C/40/2 and Corr.1, para. 28 (n)). Once such a
mechanism is established, the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment shall maintain direct and, if necessary,
confidential contact with the mechanism and offer it training and technical assistance with a
view to strengthening its capacities. Upon request from a State party and/or a national
preventive mechanism, the Subcommittee will offer further advice and assistance to the
mechanism in the evaluation of its needs and the means necessary to strengthen the
protection of persons deprived of their liberty against torture and ill-treatment. In order to
fulfil this advisory function usefully, the Subcommittee must have formed a view about the
manner in which the mechanism is addressing core areas of its mandate. For this purpose
the Subcommittee has prepared guidelines on national preventive mechanisms
(CAT/OP/12/5).
6.
In order to facilitate self-evaluation of mandated activities, the Subcommittee has
prepared the present document, which reflects the principles set out in previously issued
documents and guidelines and the prevailing thinking in the field. The Subcommittee urges
existing national preventive mechanisms and States parties to carry out self-evaluations
systematically and periodically and improve their activities to bring them into line with the
guidance compiled in the present tool. In addition, national preventive mechanisms that
have been designated but are not yet operational, as well as States parties in the process of
ratifying the Optional Protocol and creating such mechanisms, are encouraged to use the
present tool and the matrix based thereon for guidance.
II. Mandate of the national preventive mechanism
7.
The effective prevention of torture and other cruel, inhuman or degrading treatment
or punishment requires education and a combination of various legislative, administrative,
judicial and other measures, as stated in the preamble of the Optional Protocol.
8.
The major function of a national preventive mechanism in discharging its preventive
role is to carry out visits, which may be unannounced, to places of detention.6 The purpose
of such visits is to regularly examine the treatment of persons deprived of their liberty in
places of detention with a view to strengthening, if necessary, their protection against
torture and other cruel, inhuman or degrading treatment or punishment. 7
9.
In addition to conducting visits, the mandate of a national preventive mechanism
should include the following activities:
(a)
Making recommendations to the relevant authorities, with the aim of
improving the treatment and conditions of persons deprived of their liberty and preventing
torture and other cruel, inhuman or degrading treatment or punishment of those persons, 8
and engaging in a meaningful process of dialogue with the State party responsible and any
5
6
7
8
2
Article 18 (4) of the Optional Protocol.
Articles 1 and 19 (a) of the Optional Protocol.
Article 19 of the Optional Protocol.
Article 19 (b) of the Optional Protocol.