Preventing Torture An Operational Guide for National Human Rights Institutions Chapter 3: Promoting legal and procedural reforms 23 Key questions • What type of legal reforms should NHRIs promote in relation to the prevention of torture? • What fundamental safeguards should NHRIs promote regarding transparency of places of detention? • What other detention procedures should NHRIs promote? Legal basis for NHRI involvement Paris Principles23 Competence and responsibilities 3. A national institution shall, inter alia, have the following responsibilities: (a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of it a power to hear a matter without any referral, opinions, recommendations, proposals and reports on any matters concerning the protection and promotion of human rights. The national institution may decide to publicize them. These opinions, recommendations, proposals and reports as well as any prerogative of the national institution, shall relate to the following area: (i) Any legislative or administrative provisions, as well as provisions relating to the judicial organization, intended to preserve and extend the protection of human rights. In that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions confirm to the fundamental principles of human rights. It shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures (b) To promote and ensure the harmonization of national legislation, regulations and practices with the international instruments to which the State is a party, and their effective implementation (c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and their effective implementation ACJ Reference on Torture Ratification of relevant international instruments NHRIs should stress the importance of ratifying all relevant treaties regarding torture, including the International Covenant on Civil and Political Rights, its First Optional Protocol, 23 The complete text of the Principles relating to the status of national institutions for the promotion and protection of human rights (commonly known as the “Paris Principles”) is available in the Further Readings section of the CD-Rom. 28 | Chapter 3: Promoting legal and procedural reforms