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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