International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions
(b) to make recommendations to the relevant authorities with the aim of improving the treatment
and the conditions of the persons deprived of their liberty and to prevent torture and other cruel,
inhuman or degrading treatment or punishment
(c) to submit proposals and observations concerning existing or draft legislation.230
States parties are to grant their NPMs:
(a) access to all information concerning the number of persons deprived of their liberty in places of
detention, as well as the number of places and their location
(b) access to all information referring to the treatment of those persons as well as their conditions of
detention
(c) access to all places of detention and their installations and facilities
(d) the opportunity to have private interviews with the persons deprived of their liberty without
witnesses, either personally or with a translator if deemed necessary, as well as with any other
person who the national preventive mechanism believes may supply relevant information
(e) the liberty to choose the places they want to visit and the persons they want to interview
(f) the right to have contacts with the Subcommittee on Prevention, to send it information and to
meet with it.231
NPMs have a particular relationship with the Subcommittee on Prevention of Torture and can be
especially useful sources of information and advice to the Subcommittee, including in relation to the
desirability of the Subcommittee making a country visit. The Subcommittee has published guidelines for
NPMs232 and a more detailed “self-assessment tool” for their operation.233
NHRIs have been designated as the NPM in the Maldives and as the principal NPM in New Zealand.234
The Philippines has ratified the OPCAT but has not yet designated an NPM; it has indicated an intention
to designate its NHRI.
5.2. Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities (CRPD) also provides specifically for the
establishment or designation of an independent national mechanism to promote, protect and monitor
implementation of the CRPD, taking into account the Paris Principles.235 Unlike the OPCAT, the CRPD
does not provide guidance on what the nature and role of the mechanism should be. However, because
of their national monitoring role, these mechanisms should make a significant contribution to international
treaty monitoring by the TMB discussed in this chapter of the manual. OHCHR has produced a guide to
monitoring the CRPD in its professional training series.236
230
OPCAT; article 19.
231
OPCAT; article 20.
232
Guidelines on National Preventive Mechanisms; Subcommittee on Prevention of Torture; 9 December 2010; see: www2.ohchr.
org/english/bodies/cat/opcat/mechanisms.htm.
233
Analytical self-assessment tool for National Preventive Mechanisms; Subcommittee on Prevention of Torture; 6 February 2012;
see: www2.ohchr.org/english/bodies/cat/opcat/mechanisms.htm.
234
See: www2.ohchr.org/english/bodies/cat/opcat/mechanisms.htm.
235
CRPD; article 33.2.
236
Monitoring the Convention on the Rights of Persons with Disabilities: Guidance for Human Rights Monitors; Professional Training
Series No. 17, OHCHR; 2010.
80 | Chapter 11: Treaty monitoring bodies: Monitoring compliance
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