7.The mandate and powers of the NPM should be clearly set out in a constitutional or legislative text.
8.The operational independence of the NPM should be guaranteed.
9.The relevant legislation should specify the period of office of the member/s of the NPM and any grounds for their dismissal. Periods
of office, which may be renewable, should be sufficient to foster the independent functioning of the NPM.
10.The visiting mandate of the NPM should extend to all places of deprivation of liberty, as set out in Article 4 of the Optional
11.The necessary resources should be provided to permit the effective operation of the NPM in accordance with the requirements of
the Optional Protocol
12.The NPM should enjoy complete financial and operational autonomy when carrying out its functions under the Optional Protocol.
13.The State authorities and the NPM should enter into a follow-up process with the NPM with a view to the implementation of any
recommendations which the NPM may make.
14.Those who engage or with whom the NPM engages in the fulfilment of its functions under the Optional Protocol should not be
subject to any form of sanction, reprisal or other disability as result of having done so
15.The effective operation of the NPM is a continuing obligation. The effectiveness of the NPM should be subject to regular
appraisal by both the State and the NPM itself, taking into account the views of the SPT, with a view to its being reinforced and
strengthened as and when necessary.
II.Basic issues regarding the establishment of an NPM
A.The identification or creation of the NPM
16.The NPM should be identified by an open, transparent and inclusive process which involves a wide range of stakeholders,
including civil society. This should also apply to the process for the selection and appointment of members of the NPM, which should
be in accordance with published criteria.
17.Bearing in mind the requirements of Article 18 (1) and (2) of the Optional Protocol, members of the NPM should collectively
have the expertise and experience necessary for its effective functioning.
18.The State should ensure the independence of the NPM by not appointing to it members who hold positions which could raise
questions of conflicts of interest.
19.Members of NPMs should likewise ensure that they do not hold or acquire positions which raise questions of conflicts of interest.
20.Recalling the requirements of Articles 18 (1) and (2) of the Optional Protocol, the NPM should ensure that its staff have between
them the diversity of background, capabilities and professional knowledge necessary to enable it to properly fulfil its NPM mandate.
This should include, inter alia, relevant legal and health-care expertise.
B.Designation and notification
21.The NPM should be established within one year of the entry into force of the Optional Protocol for the State concerned, unless at
the time of ratification a declaration has been made in accordance with Article 24 of the Optional Protocol.
22.The body designated as the NPM should be publicly promulgated as such at the national level.
23.The State should notify the SPT promptly of the body which has been designated as the NPM.
III.Basic issues regarding the operation of an NPM
A.Points for States
24. The State should allow the NPM to visit all, and any suspected, places of deprivation of liberty, as set out in Articles 4 and 29 of
the Optional Protocol, which are within its jurisdiction. For these purposes, the jurisdiction of the State extends to all those places
over which it exercises effective control.
25. The State should ensure that the NPM is able to carry out visits in the manner and with the frequency that the NPM itself decides.
This includes the ability to conduct private interviews with those deprived of liberty and the right to carry out unannounced visits at all
times to all places of deprivation of liberty, in accordance with the provisions of the Optional Protocol.
26. The State should ensure that both the members of the NPM and its staff enjoy such privileges and immunities as are necessary for
the independent exercise of their functions.
27. The State should not order, apply, permit or tolerate any sanction, reprisal or other disability to be suffered by any person or
organisation for having communicated with the NPM or for having provided the NPM with any information, irrespective of its
accuracy, and no such person or organisation should be prejudiced in any way.