the opcat unit
to the Committee. Sweden allows individual complaints. The Convention on
Torture does not give CAT a mandate to carry out visits to acceding states.
In order to make international visits possible, the Optional Protocol to the
Convention against Torture, OPCAT, was adopted in 2002 and entered into
force in 2006. The Protocol has the stated objective of preventing torture and
other cruel, inhuman or degrading treatment. Through OPCAT an international committee, the Subcommittee on Prevention of Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (STP) has been established.
Preventive work
The unit’s work is to be performed with the objective to – if necessary –
strengthen the protection for individuals deprived of their liberty, against
torture and other cruel, inhuman or degrading treatment or punishment. Preventive work can be performed in several ways. Forbidding certain behaviour
and taking legal proceedings against those who are guilty of transgressions of
the law could be assumed to have some preventive effect. Another way is by
exercising supervision in environments where the risk of abuse and violations
is particularly high.
Another important element of the preventative work is identifying and
analysing factors that could, directly or indirectly, increase or reduce the
risk of torture and other forms of inhuman treatment etc. This work should
also have the aim of systematically reducing or eliminating risk factors and
strengthening preventive factors and safety mechanisms. The work should
be forward-looking. The work should also be carried out with a long-term
perspective and focus on achieving improvements through constructive dialogue, proposals for safety mechanisms and other measures.
OPCAT in Sweden
States acceding to OPCAT are obliged to designate one or more National Preventive Mechanisms. Since 1 July 2011, the Parliamentary Ombudsmen has
fulfilled the role of the National Preventive Mechanism (NPM) in accordance
with OPCAT (§ 5 a of the Act [1986:765) with instructions for the Parliamentary Ombudsmen). In its role as NPM, the Parliamentary Ombudsmen must
perform the following tasks:
•
regularly inspect locations where individuals are deprived of their liberty,
•
provide recommendations to competent authorities with a view to
improve the treatment of and conditions for individuals deprived of
their liberty and prevent torture and other cruel, inhuman or degrading
treatment or punishment,
•
provide proposals and points of views on applicable or proposed legislation affecting the treatment of and conditions for individuals deprived of
11
The OPCAT entered into force on
22 June 2006 and, over the past
decade, this global system of preventing torture and other forms of
ill-treatment has enhanced cooperation and exchanges between
governmental and non-governmental actors, NPMs and the UN,
on improving the treatment of all
detained persons. Presently, 81
States from all over the world have
ratified or acceded to the OPCAT,
another 17 States have signed it
and many more are in the process
of doing so. More than 60 States
have also set up their NPMs.
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