4. If the State Party refuses to cooperate with the Subcommittee on Prevention according to articles 12
and 14, or to take steps to improve the situation in the light of the Subcommittee’s recommendations,
the Committee against Torture may, at the request of the Subcommittee on Prevention, decide, by a
majority of its members, after the State Party has had an opportunity to make its views known, to
make a public statement on the matter or to publish the report of the Subcommittee.
Part IV: National preventive mechanisms
Article 17
Each State Party shall maintain, designate or establish, at the latest one year after the entry into force
of the present Protocol or of its ratification or accession, one or several independent national preventive
mechanisms for the prevention of torture at the domestic level. Mechanisms established by
decentralized units may be designated as national preventive mechanisms for the purposes of the
present Protocol if they are in conformity with its provisions.
Article 18
1. The States Parties shall guarantee the functional independence of the national preventive
mechanisms as well as the independence of their personnel.
2. The States Parties shall take the necessary measures to ensure that the experts of the national
preventive mechanism have the required capabilities and professional knowledge. They shall strive for
a gender balance and the adequate representation of ethnic and minority groups in the country.
3. The States Parties undertake to make available the necessary resources for the functioning of the
national preventive mechanisms.
4. When establishing national preventive mechanisms, States Parties shall give due consideration to
the Principles relating to the status of national institutions for the promotion and protection of human
rights.
Article 19
The national preventive mechanisms shall be granted at a minimum the power:
(a) To regularly examine the treatment of the persons deprived of their liberty in places of detention as
defined in article 4, with a view to strengthening, if necessary, their protection against torture, cruel,
inhuman or degrading treatment or punishment;
(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 cruel, inhuman or
degrading treatment or punishment, taking into consideration the relevant norms of the United
Nations;
(c) To submit proposals and observations concerning existing or draft legislation.
Article 20
In order to enable the national preventive mechanisms to fulfil their mandate, the States Parties to the
present Protocol undertake to grant them:
(a) Access to all information concerning the number of persons deprived of their liberty in places of
detention as defined in article 4, 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;
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