CAT/OP/SEN/2/Add.1 I. Replies to recommendations regarding the legal framework of the national preventive mechanism 1. Since August 2012, the Director of the National Observatory of Places of Deprivation of Liberty (the Observatory) has written several times to Government authorities (the Prime Minister and the Minister of Justice) inviting them to amend the decree attaching the national preventive mechanism to the Ministry of Justice. 2. The most recent correspondence dates from 18 October 2013. 3. The current Minister of Justice, Mr. Sidiki Kaba, assured us at our meeting that he would ensure that any linking of the national preventive mechanism to the executive branch would be abolished. 4. The Observatory will inform the Subcommittee on Prevention of Torture of developments in that regard. 5. The Observatory is free to choose its staff members, who may come from inside or outside the public administration. 6. Staff members from inside the public administration are paid from the general State budget, while other staff members must be paid from the budget of the national preventive mechanism. 7. Currently, given the very small budget allocated to the national preventive mechanism — 21,500,000 CFA francs, or the equivalent of 33,000 euros — staff members not belonging to the administration (see annexes) and support staff recruited by the Observatory do not receive any remuneration. 8. This is a very regrettable situation that can impede the institution’s effective functioning. 9. A detailed draft budget (see annexes) was sent to the Government authorities (the Ministry of Justice and the parliamentary legislative committee) in March 2013, but the proposal was not taken into account in the overall draft budget for 2014, which is currently before the Parliament. 10. The budget has been left at 21,500,000 CFA francs, which means that the Government of Senegal has not taken any account of our proposals or of the recommendations of the Committee against Torture and the Subcommittee on Prevention of Torture, or those of the Human Rights Council, made on the occasion of the most recent universal periodic review of Senegal. 11. The current Director of the Observatory, a trained judge with more than 34 years of professional experience, was chosen from a list of several candidates proposed to the Ministry of Justice. 12. The powers and mandate of the national preventive mechanism are in conformity with the provisions of articles 4 and 20 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Places of deprivation of liberty falling under the jurisdiction of the armed forces, namely gendarmerie stations and the detention centres of military camps, are within the Observatory’s sphere of competence. 2 13. Observers have already visited several gendarmerie stations. 14. There are plans to visit detention centres of military camps in 2014. GE.14-40538

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