7
Background
The UN Convention against Torture
The UN Convention against Torture states
that torture¹ and ill-treatment are strictly
prohibited and that this prohibition can never
be violated. States that ratify the convention
are obliged to prohibit, prevent and punish
all use of torture and other cruel, inhuman
or degrading treatment or punishment.
According to the Convention, each State
Party shall "ensure that its competent
authorities proceed to a prompt and impartial
investigation, wherever there is reasonable
ground to believe that an act of torture has
been committed in any territory under its
jurisdiction".²
Norway ratified the convention in 1986.
The prohibition against torture is laid down
in various pieces of Norwegian legislation.
Article 93 of the Norwegian Constitution
contains a general prohibition against torture.
The Optional Protocol to the Convention against
Torture (OPCAT)
The Optional Protocol to the UN Convention against
Torture was adopted by the UN General Assembly
in 2002, and entered into force in 2006. Its objective
is to protect people who are deprived of their liberty.
People who are deprived of their liberty find themselves in a particularly vulnerable situation, and face
an increased risk of torture and other cruel, inhuman
or degrading treatment or punishment.
The background to the Optional Protocol was a desire
to increase efforts to combat and prevent torture and
ill-treatment. OPCAT therefore stipulates new work
methods to strengthen these efforts.
States that endorse the Optional Protocol are obliged
to establish or appoint one or several national preventive mechanisms that regularly carry out visits to
places where people are, or may be, deprived of their
liberty, in order to strengthen the protection of these
people against torture and ill-treatment.³
The national preventive mechanisms can make
recommendations to reduce risk factors for violations
of integrity. They can also submit proposals and
comments concerning existing or draft legislation.
The preventive mechanisms must be independent
of the authorities and places of detention, have the
resources they require at their disposal and have
employees with the necessary competence and
expertise.
—
The UN Convention
against Torture states that
torture and ill-treatment
are strictly prohibited and
that this prohibition
can never be violated.
—
1 For the definition of torture, see Article 1 in the UN Convention against Torture (CAT).
2 UN Convention against Torture, article 12.
3 The national preventive mechanisms' tasks are described in Article 19 of the Optional Protocol.