International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions The inquiry provision is activated by the TMB receiving reliable information of violations and then deciding to undertake an inquiry. An NHRI can communicate this information to a relevant TMB and request that it undertake an inquiry. Because of their status, NHRIs are sources of credible information and their assessment of the potential usefulness and effectiveness of an inquiry would be a strong influence on the TMB’s decision-making. This mandate generally includes an explicit function of making country visits as part of the inquiry process.224 To date, it has been very rare for a country visit to be undertaken by a TMB. Nonetheless, as this mandate develops, it may become more frequent. In that case, a TMB that decides to undertake a country visit would look to the NHRI for advice and assistance with the visit, including briefings before and during the visit and advice on its programme, both where to go in the country and what individuals and organizations to meet. The NHRI could also advise on the situation being examined and on what the TMB should recommend as a result of its visit. The TMB with the broadest inquiry function and the most significant mandate for country visits is the Subcommittee on Prevention of Torture, established under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). A State party to the OPCAT must allow the Subcommittee to visit “any place under its jurisdiction and control where persons are or may be deprived of their liberty … with a view to strengthening, if necessary, the protection of these persons against torture and other cruel, inhuman or degrading treatment or punishment”.225 One of the principal purposes of the Subcommittee is to visit places of detention and make recommendations.226 5. NATIONAL IMPLEMENTATION MECHANISMS Two international human rights treaties specifically require the establishment or designation of national bodies to promote and oversee their implementation. This reflects the increasing international recognition of the importance of independent national mechanisms for the promotion and protection of human rights and of the roles of NHRIs established in accordance with the Paris Principles. 5.1. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Some NHRIs have been designated as “national preventive mechanisms” (NPMs) under the OPCAT.227 NPMs are to be independent mechanisms.228 In establishing them, States parties are to give due consideration to the Paris Principles.229 NPMs are to have the following functions: (a) to regularly examine the treatment of the persons deprived of their liberty in places of detention, with a view to strengthening, if necessary, their protection against torture and other cruel, inhuman or degrading treatment or punishment 224 The function is implied in relation to the CAT but explicit for all other committees. 225 OPCAT; article 4. 226 OPCAT; article 11.1(a). 227 OPCAT; article 17. 228 OPCAT; article 18.1. 229 OPCAT; article 18.4. Chapter 11: Treaty monitoring bodies: Monitoring compliance | 79