What criteria do NPMs need to meet under the OPCAT?

Under the OPCAT, states have considerable flexibility regarding the NPM format that is eventually chosen. There are, however, a number of key requirements set out in Articles 18, 19 and 20 of the OPCAT with which NPMs need to comply.

An NPM’s mandate is to regularly examine the treatment of the persons deprived of their liberty in places of detention (Article 19(a)), make recommendations to the relevant authorities (Article 19(b)), and submit proposals and observations on legislation (Article 19(c)). In order to carry out this mandate, NPMs must be functionally independent (Article 18(1)). This means it is autonomous from state authorities and has its independence guaranteed by law. If an existing institution, such as an NHRI is designated as NPM, changes may need to be made in order to ensure it is independent. For multiple body  NPMs, each of the institutions that make up the NPM need to fulfill this criteria.

NPMs should also have certain powers enshrined in law, including, among others, access to information (Articles 20(a) and (b)), (unannounced) access to places of detention (Article 20(c)), the opportunity to interview people who are detained (Article 20(d)), and the right to choose where they visit and who they interview (Article 20(e).  

In addition, states have an obligation to ensure that NPM members and staff have the required capacities and professional knowledge. Part of this requirement is that they are multidisciplinary and include expertise from a range of fields relevant to deprivation of liberty. In order to achieve this, many NPMs rely on independent experts in addition to their own members and staff. Article 18 of the OPCAT also requires NPMs to strive for both a gender balance, and an adequate representation of ethnic and minority groups in the country.