“The enabling law of the DPB does not explicitly provide protection from criminal or civil liability for actions undertaken in good faith by its staff. However, the DPB mentions that all staff of the NPM branch of the DPB are protected from criminal and civil liability as per article 35 of the OPCAT since the vesting of the mandate to the institution in 2021.

 The SCA notes that, on 15 April 2024, the amendment Bill presented to Parliament also explicitly addresses the protection from criminal or civil liability for all the staff. The SCA encourages the DPB to continue to advocate for the passage of the amendments to its enabling law to explicitly provide protections from civil and criminal liability for official actions undertaken in good faith.

The SCA refers to Paris Principle B.3 and its General Observation 2.3 on ´Protection from criminal and civil liability for official actions and decisions undertaken in good faith´.”