CAT/C/44/2*
17.
The Subcommittee has held discussions with the OPCAT Contact Group10 on the
scope of prevention of torture. To that end two working meetings were organized during the
eighth and ninth sessions of the Subcommittee.
18.
Whether or not torture or other cruel, inhuman or degrading treatment or punishment
occurs in practice in a given State, there is always a need for States to be vigilant in order to
guard against the risk of it occurring and to put in place and maintain effective and
comprehensive safeguards to protect persons deprived of their liberty. It is the role of
preventive mechanisms to ensure that such safeguards are actually in place and operating
effectively and to make recommendations to improve the system of safeguards, both in law
and in practice, and thereby the situation of persons deprived of their liberty.
19.
In examining examples of both good and bad practice, the Subcommittee seeks to
build upon existing protections, to close the gap between theory and practice and to
eliminate, or reduce to a minimum, the possibilities for torture and other cruel, inhuman or
degrading treatment or punishment.
III. Visiting places of deprivation of liberty
A.
Planning the work of the Subcommittee on Prevention of Torture in the
field
20.
During its third year of operation, the Subcommittee selected the States to be visited
by a reasoned process, with reference to the principles indicated in article 2 of the Optional
Protocol. The factors taken into consideration in the choice of countries to be visited were
date of ratification, establishment of a national preventive mechanism, geographical
distribution, size and complexity of State, regional preventive monitoring, and urgent issues
reported.
21.
The Subcommittee limited its programme of visits to three this year because of
budgetary constraints, although it takes the view that, after the initial period of
development, its visits programme in the medium term should involve 10 visits per 12month period. This annual rate of visits is based on the conclusion that, to visit the 50
States parties effectively in order to prevent ill-treatment, the Subcommittee would have to
visit each State party at least once every four to five years on average. In the
Subcommittee’s view, less frequent visits could jeopardize effective support to and
reinforcement of national preventive mechanisms in the fulfilment of their role and the
protection afforded to persons deprived of liberty.
22.
To that end, the Subcommittee has prepared for the Office of the United Nations
High Commissioner for Human Rights (OHCHR) detailed and reasoned budgetary
calculations for its future work (see section VI below).
23.
As regards the methodology and logistics of its visits, the Subcommittee requests
information from the State party to be visited concerning the legislation and institutional
and system features related to deprivation of liberty, as well as statistical and other
information concerning their operation in practice. This is summarized in a country brief,
which is a vital tool for mapping the situation of prevention of torture in the country to be
visited.
10
8
For the membership of the OPCAT Contact Group, see annex VI.
GE.10-41876