CAT/OP/ESP/2 Recommendations relating to institutional issues Visibility and independence 16. The Subcommittee noted that the national preventive mechanism has not managed to differentiate itself from the Ombudsman. In terms of visit methodology and dialogue, the mechanism does not seem to have developed an effective strategy that distinguishes it from the Ombudsman. As a result, detainees, authorities and civil society know little about it. In most of the centres visited by the Subcommittee, there was no knowledge of the mechanism’s mandate or any awareness of its existence. 17. The Subcommittee recommends that the national preventive mechanism develop a stronger strategy in order to differentiate its team from that of the Office of the Ombudsman and to raise awareness of the specific nature of its mandate among detainees, civil society organizations and authorities (see CAT/OP/12/5, para. 32). To that end, the Subcommittee recommends, for example, organizing awareness campaigns and other promotional activities, such as the production and distribution of materials in various languages on the specific nature of the mandate and activities of the national preventive mechanism, and considering the possibility of equipping members of the mechanism with vests or other clothing of a specific colour or marked with a symbol or logo, so as to clearly set them apart from members of the Office of the Ombudsman. 18. The Subcommittee noted that the national preventive mechanism has not been allocated a specific and adequate budget, for its budget is included, without differentiation, in the overall budget of the Office of the Ombudsman. This lack of a specific budget makes it difficult for the mechanism to effectively fulfil its mandate to prevent torture and illtreatment throughout the country. In this connection, the Subcommittee considers that the mechanism does not have a large enough team of professionals to perform its mandate on a national scale. The Subcommittee emphasizes that the mechanism needs to recruit specialists, such as doctors and psychologists, in order to build its capacities in an interdisciplinary manner. It is important to note that the Subcommittee’s guidelines on national preventive mechanisms state explicitly that the mechanism should enjoy complete financial and operational autonomy when carrying out its functions under the Optional Protocol (see CAT/OP/12/5, para. 12). 19. The Subcommittee recommends that the national preventive mechanism submit a proposal to the legislature and carry out advocacy and awareness-raising initiatives in order to obtain a budget of its own that enables it to perform its mandate more effectively. The Subcommittee further recommends that appropriate steps be taken to set aside a separate budget for the national preventive mechanism within the overall budget of the Office of the Ombudsman. In addition, it recommends that the mechanism take the necessary measures to build an interdisciplinary team of specialists and professionals that will enable it to perform its mandate for the prevention of torture properly. Recommendations relating to methodological issues Interview methodology 20. The Subcommittee noted several problems relating to interview technique. In some cases, at the start of the interview, the interviewer failed to mention the principle of confidentiality and the safeguards against the risk of reprisals. Furthermore, the interviewer sometimes asked leading questions or interrupted the detainees. The mandate of the national preventive mechanism was explained very briefly and no distinction was drawn between the mandate of the Ombudsman and that of the mechanism; as a result, the detainees believed them to be one and the same thing. The team sometimes failed to request permission to take photographs of cells and to make sure that the interview took place out of the earshot of guards. In some cases, no questions were asked about the legal proceedings being brought against the interviewee or about his or her access to legal counsel. GE.18-14575 5

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