clearly have a key role to play in providing the type of systematic monitoring
envisaged under the Protocol.
The Subcommittee has carried out several country visits to date. According to the
Protocol, the selection of the first group of countries was to be performed by lottery,
and the Maldives, Mauritius and Sweden were visited in 2007 and early 2008.
Countries selected by the Subcommittee for visits in 2008 included Benin, Mexico
and Paraguay. The Subcommittee reported 23 that it could not carry out more visits due
to lack of capacity and, in particular, lack of support from the Secretariat, which had
also delayed the preparation of visit reports.
The Subcommittee has said the criteria it will use for future selections include urgent
issues reported, size and complexity of the state, regional preventive monitoring and
date of ratification/development of an NPM.
The UN Subcommittee on the Prevention of Torture released its first annual report in
May 2008. The report identified a lack of financial and human resources as a serious
obstacle to effective activity and, in particular, to the work expected to be carried out
under the Protocol with NPMs.
“… the Subcommittee considers that the current budget does not adequately cover the
expenditure necessary for it to implement fully the Optional Protocol, and that it has
not been provided with the staff, facilities and other resources necessary for the
effective performance of its functions, as defined by the Optional Protocol. The
Subcommittee consequently considers that it is not yet in a position to fulfil its
mandate.” 24
The Subcommittee is currently making use of its visits to develop contact with NPMs,
but does not have a budget to support NPMs as mandated under the Protocol.
4.2 OPCAT in the OSCE area
OPCAT has been the focus of much activity in OSCE participating States in all of the
regions under consideration. It is notable that OSCE participating States were urged to
give early consideration to signing and ratifying the Protocol in a Ministerial Council
Decision. 25 The current status of signature and ratification of OPCAT by OSCE
participating States is provided below.
Ibid.
Ibid.
25
MC.DEC/12/05 of 6 December 2005
23
24
33
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