CAT/C/42/2
page 6
(c) Cooperate with relevant United Nations bodies as well as with international, regional
and national bodies for the prevention of ill-treatment.
8.
The SPT considers the three elements of its mandate as essential for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment.
C. Powers of the Subcommittee on Prevention
of Torture under the Optional Protocol
9.
In order for the SPT to fulfil its mandate, it is granted considerable powers under the
OPCAT (art. 14). Each State party is obliged to allow visits by the SPT to any places under its
jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of
an order given by a public authority or at its instigation or with its consent or acquiescence.6
10. States parties further undertake to grant the SPT unrestricted access to all information
concerning persons deprived of their liberty and to all information referring to the treatment of
those persons, as well as their conditions of detention.7 They are also obliged to grant the SPT
private interviews with persons deprived of liberty without witnesses.8 The SPT has the liberty to
choose the places it wishes to visit and the persons it wishes to interview.9 Similar powers are to
be granted to NPMs, in accordance with the OPCAT.10
11. During the reporting period the SPT has continued to exercise these powers successfully
with the cooperation of the States parties visited.
D. The preventive approach
12. The scope of the SPT’s preventive mandate is large, encompassing many factors related to
obtaining information on the situation in a country as regards the treatment or punishment of
people deprived of their liberty. Such factors include: any relevant aspect of, or gaps in, primary
or secondary legislation and rules or regulations in force; any relevant elements of, or gaps in,
the institutional framework or official systems in place; and any relevant practices or behaviours
which constitute or which, if left unchecked, could degenerate into, torture or other cruel,
inhuman or degrading treatment or punishment. The SPT subjects to scrutiny any and all such
factors which may conduce to torture or other cruel, inhuman or degrading treatment or
punishment.
6
OPCAT, articles 4 and 12 (a).
7
Ibid., articles 12 (b) and 14, paragraph 1 (a) and (b).
8
Ibid., article 14, paragraph 1 (d).
9
Ibid., article 14, paragraph 1 (e).
10
Ibid., articles 19 and 20.