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3. Optional Protocol to the Convention against Torture
The State Parties, as the Optional Protocol institutes along with the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment46 (The Optional Protocol), have reaffirmed
that torture is prohibited and constitutes serious violations of human rights47.
Optional Protocol institutes that the State Parties have agreed to establish a system of regular visits
undertaken by independent and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.48
An intention of the Optional Protocol to facilitate visits or continuous presence of mechanisms on prevention of torture in the institutions where persons deprived of their liberty are placed is a result of understanding that the most serious problem of closed institutions is exactly the fact that they are closed
and that whatever happens inside is out of the public eye.
The State Parties to the Optional Protocol are obliged to allow visits by the mechanisms established by
the Protocol to any place 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 (places of detention).49
3.1.
Subcommittee on Prevention of Torture50
The Optional Protocol establishes the Subcommittee on Prevention of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment51.
Subcommittee on Prevention of Torture is authorized to visit any place of detention and make
recommendations to State Parties concerning the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.52
States forming part of the Optional Protocol undertake:
• to receive Subcommittee on Prevention of Torture on their territory;
• to grant unrestricted access to all places of detention, their installations and facilities, and liberty of
free choice of such places;
• to grant opportunity to conduct a private interview with the persons deprived of their liberty without
witnesses, either personally or with a translator if deemed necessary, as well as with any other person
who the Subcommittee on Prevention of Torture believes may supply relevant information;
• to provide unrestricted access to all information regarding the number of the persons deprived of their
liberty, the number of places of detention and their location, the treatment of such persons and detention
conditions, as well as to provide all relevant information the Subcommittee on Prevention may request
to evaluate the needs and measures that should be adopted to strengthen the protection of persons
deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment;
46 Adopted on 18 December 2002 in New York, at 57th session of the United Nations General Assembly by Resolution A/RES/57/199, came into
force on 22 Jun 2006.
47 Optional Protocol, preamble.
48 Optional Protocol, Article 1.
49 The Optional Protocol, Article 4 Paragraph 1.
50 www2.ohchr.org/english/bodies/cat/opcat/.
51 Optional Protocol, Article 2 Paragraph 1.
52 The Optional Protocol, Article 11 item (а).
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