CHAPTER 1.
MANDATE OF THE NATIONAL PREVENTIVE MECHANISM
BASED ON THE OPCAT
1.1. Requirements of the OPCAT
In 2017, the Commissioner continued the relevant work as an institution,
designated to function as a NPM provided by the OPCAT.
The main objective of the OPCAT1is to establish a system of regular
visits undertaken by independent international and national bodies to places
where people are deprived of their liberty2, in order to prevent torture and
other cruel, inhuman or degrading treatment or punishment. The OPCAT
emphasizes taking preventive measures from the standpoint of importance
of the constructive dialogue and giving reaction to regulating relations. The
innovativeness of the OPCAT also appears in envisaging no new rights or
standards or the restoration of violated rights but the prevention of the
violation of the existing standard – the right to not be subjected to torture.
The establishment of an independent and regular visits system as of the
most advantageous way for prevention of torture with the aim to monitor the
treatment of people detained in all places of deprivation of liberty and
detention conditions is the principle idea mentioned in this document. In
accordance with the OPCAT, international and national bodies with a
torture prevention mandate – the Subcommittee and NPM’s – are set up.
The Subcommittee established at the international level is a new generation
treaty body of the UN.
Pursuant to requirements of Article 17 of the OPCAT, each State Party
shall maintain, designate or establish, at the latest one year after its entry
into force or of its ratification or accession, one or several independent
national preventive mechanisms for the prevention of torture at the domestic
level. The NPM’s mandate consists of at the very least the following:
- To regularly examine the treatment of the persons deprived of their
liberty in places of detention;
1
The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment was adopted by the UN General Assembly Resolution
No. 57/199 dated December 18, 2002, and entered into force after being ratified by 20
States on June 22, 2006.
2
According to the paragraph 2 of the Article 4 of the OPCAT deprivation of liberty means
any form of detention or imprisonment or the placement of a person in a public or private
custodial setting which that person is not permitted to leave at will by order of any judicial,
administrative or other authority.
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