1. THE MANDATE OF THE NATIONAL PREVENTIVE MECHANISM The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (hereinafter also referred as OPCAT) is an international human rights treaty designed to strengthen protection of people deprived of their liberty. Its adoption reflected a consensus among the international community that people deprived of their liberty are particularly vulnerable to ill-treatment and efforts to combat such ill-treatment should focus on prevention. The OPCAT embodies the idea that prevention of ill-treatment in detention can be best achieved by a system of independent, regular visits to the places of detention. During such visits treatment and conditions of detention are inspected. The OPCAT entered into force in June, 2006. States having ratified the OPCAT are required to designate a “National Preventive Mechanism” (NPM). This is a body or group of bodies that regularly examine the treatment of detainees, make recommendations, and comment on existing policy and practice. In order to carry out its monitoring role effectively, the NPM must:  Be independent from government and the institutions it monitors;  Be sufficiently resourced to perform its functions; and  Have personnel with the necessary expertise and who are sufficiently diverse to represent the community in which it operates. The NPM must have the power to:  Access all places of detention (including those operated by private entities);  Conduct interviews in private with detainees and other relevant people;   Choose which places it wants to visit and who it wishes to interview; Access information about the number of people deprived of their liberty, the number of places of detention and their location; and  Access information about the treatment and conditions of detention. The NPM also liaises with the Subcommittee on Prevention of Torture (SPT), an international body established by the OPCAT with both operational functions (visiting places of detention in states parties and making recommendations regarding the protection of detainees from ill-treatment) and advisory functions (providing assistance and training to state parties and NPMs). The SPT is made up of 25 independent and impartial experts from around the world, and publishes an annual report on its 2

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