7 Background The Optional Protocol to the Convention against Torture (OPCAT) 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 Optional Protocol to the Convention against Torture, OPCAT, is an international human rights agreement that seeks to protect people deprived of their liberty. The Optional Protocol was adopted by the UN General Assembly in 2002, and it entered into force in 2006. Definitions1: Cruel, inhuman or degrading treatment When severe pain or suffering, whether physical or mental, is inflicted by a public official, or by a private individual acting on behalf of a public official, it is deemed to constitute cruel, inhuman or degrading treatment. Torture If, in addition, the act is committed in order to obtain information or a confession, or to punish, intimidate, threaten or force the subject into submission, it is deemed to be torture. 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.2 Definition3: Deprivation of liberty Any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority. The national preventive mechanisms have the possibility to make recommendations that highlight risk factors for violations of personal integrity. They can also submit proposals and comments concerning existing or draft legislation. In order to effectively exercise their mandate, 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. On 14 May 2013, the Storting voted in favour of Norway ratifying the Optional Protocol. The UN Convention against Torture states that torture and ill-treatment are strictly prohibited and that this prohibition can never be violated. The Optional Protocol is based on the UN Convention against Torture, and does not therefore establish a new norm. The background for the Optional Protocol was a wish to increase efforts to combat and prevent torture and ill-treatment, and it therefore proposes new work methods to strengthen this work. As of 31 December 2015, 80 states had ratified the Optional Protocol and 64 states had established or appointed national preventive mechanisms. " Torture and ill-treatment are strictly prohibited and this prohibition can never be violated " 1 The UN Convention against Torture Article 1. 2 The national preventive mechanisms’ tasks are described in Article 19 of the Optional Protocol. 3 The Optional Protocol to the Convention against Torture (OPCAT) Article 4

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