information and tips can have an influence on
which facilities the National Agency visits, and
on the priorities it sets as a result.
external monitors, and an annual budget of
7
approximately EUR 5,000,000. Yet it is only
responsible for around 5,000 places of
8
detention.
Where an enquiry contains information
regarding serious deficiencies, the National
Agency will, with the consent of those
concerned, contact the competent authority. If
an enquiry provides an indication of a person
posing a danger to themselves or to others, the
National Agency will also immediately contact
the head of the facility concerned.
The OPCAT also established the UN
Subcommittee on Prevention of Torture (SPT)
to operate on an international level. It comprises
25 members, who are nominated and elected by
the States Parties. Since 2012, the Subcommittee
has been divided into four regional sub-working
groups.
The SPT may visit the States Parties for two
reasons: Firstly, it may visit places of detention
in the States Parties with the aim of making
recommendations regarding protecting people
deprived of their liberty against torture and
other cruel, inhuman or degrading treatment or
punishment. To that end it has essentially the
same powers as the NPMs. Secondly, it may also
conduct visits to support the States Parties in
setting up their NPMs and to offer them
training and technical assistance.
1.6 – WORLDWIDE TORTURE
PREVENTION
The very first preventive mechanism
worldwide was the European Committee for the
Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT),
inaugurated by the Council of Europe. It was
established under the European Convention for
the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, which
came into force on 1 February 1989. The CPT
last visited Germany in 2015 and published its
4
corresponding final report in 2017.
The OPCAT entered into force on 22 June
2006. At the start of 2019, it had 103 signatory
5
states and had been ratified by 88 states. The
treaty obliges the countries to establish an
NPM. To date, 70 States Parties are in
6
compliance with this requirement.
In
establishing a mechanism, three different
models have been followed. In the first model,
the remits of existing ombudsman institutes
were extended to include tasks concerning the
prevention of torture (e.g. in Sweden, Austria
and Spain). In the second model, various existing
monitoring mechanisms were combined to
create an NPM (e.g. in the United Kingdom). A
third group of states set up new national
preventive mechanisms. This was the case, for
example, in France, Germany and Switzerland.
However, the resources available to the
individual NPMs vary considerably. The French
NPM, for example, has over 46 full-time and
7
Contrôleur générale des lieux de privation de liberté,
Annual Report 2016, p. 219 et seqq., URL:
http://www.cglpl.fr/wp-content/uploads/2018/11/RA2016_version-finale_SIG_2_EN.pdf (retrieved on
08/02/2019)
8
Dessecker / Dopp, “Menschenrechte hinter Gittern.
Kriminologie und Praxis”, vol. 70, 2016, p. 75 et seqq.
4
CPT/Inf (2017) 13
Current as of: 08/02/2019, URL:
http://indicators.ohchr.org/ (retrieved on 08/02/2019).
6
Current as of: 08/02/2019, URL: https://apt.ch/en/opcatdatabase/ (retrieved on 08/02/2019)
5
16
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