Impunity as a root cause of the prevalence of torture 2010, para. 82
Paragraph- Paragraph text
- Most fundamentally, States should provide their national preventive mechanism with a clear legal basis specifying its powers and ensuring its complete independence from the State authorities. Regrettably, some States fail to provide their national preventive mechanism with the necessary security and stability. This is the case, for example, in Mali, where no express guarantees or powers foreseen by the Optional Protocol are provided, or in Maldives and Mauritius, where the mandate of the national preventive mechanism is only based on a governmental decree. In order to provide the national preventive mechanism with the stability and authority needed for the execution of its difficult tasks, States parties should enact a specific national law establishing the mechanism, as in France and Luxembourg. That law must be in strict compliance with the Optional Protocol. This includes ensuring its complete functional independence and the complete independence of its staff, which implies that members of the national preventive mechanism must not be representatives of the Government, as is the case in Mali, and must maintain no close personal ties to the authorities to be inspected, as is the case in the Republic of Moldova.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 82
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