CAT/C/44/2*
D.
Issues arising from visits
33.
The Optional Protocol provides that Subcommittee members may be accompanied
on visits by experts of demonstrated professional experience and knowledge, to be selected
from a roster prepared on the basis of proposals made by the States parties, the Office of the
United Nations High Commissioner for Human Rights (OHCHR) and the United Nations
Centre for International Crime Prevention. To date 30 States parties have provided names
and details of experts for the roster.
34.
The Subcommittee hopes that experts from all regions of the world will be included
in the roster. The Subcommittee still awaits the roster of experts and, in its absence,
continues to select experts from the list of names proposed by States parties and from
among experts widely recognized as having the required relevant expertise. During the
period covered by the present report, it was not possible for delegations to the countries
visited to be accompanied by independent experts owing to budgetary constraints.
35.
The Subcommittee has concerns about the possibility of reprisals after its visits.
Persons deprived of their liberty with whom the Subcommittee delegation has spoken may
be threatened if they do not reveal the content of these interviews, or punished for having
spoken with the delegation. In addition, the Subcommittee has been made aware that some
persons deprived of their liberty may have been warned in advance not to say anything to
the Subcommittee delegation. Article 15 of the Optional Protocol lays a positive obligation
upon the State to take action to ensure that there are no reprisals as a consequence of a visit
by the Subcommittee.
36.
The Subcommittee expects the authorities of each State visited to ascertain whether
reprisals for cooperating with the Subcommittee have occurred and to take urgent action to
protect all concerned. In this regard, the existence of national preventive mechanisms is of
prime importance.
IV. National preventive mechanisms
A.
Work of the Subcommittee on Prevention of Torture related to national
preventive mechanisms
37.
The Optional Protocol requires each State party to set up, designate or maintain at
the domestic level one or several visiting bodies for the prevention of torture and other
cruel, inhuman or degrading treatment or punishment (national preventive mechanisms).
Most States parties have not met this obligation, as can be seen from the table below.
Designation of national preventive mechanisms
States parties that have designated a national preventive mechanism
30
States parties that have not designated a national preventive mechanism
21
38.
Of the 21 States that have not designated a national preventive mechanism, 14 are in
breach of their obligation to set up or designate a national preventive mechanism, taking
into account dates of ratification and declarations made under article 24 of the Optional
Protocol.
39.
During its third year the Subcommittee again made contact with all States parties
who were due to establish or maintain national preventive mechanisms in order to
encourage them to communicate with the Subcommittee about the ongoing process of
developing such mechanisms. States parties to the Optional Protocol were requested to send
GE.10-41876
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