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Torture. Méndez emphasised that torture and
ill-treatment is still taking place around the world.
States are also becoming increasingly involved in
activities in other countries. When states operate
outside their borders, whether in connection with
military activity, border controls, deprivation of liberty
or peacekeeping operations, they have the same
responsibility to honour their commitments under
the UN Convention against Torture as they do on
their own territory. All states have a duty to prevent,
prohibit and punish torture in every area under their
own jurisdiction, regardless of where in the world
the acts take place or who is responsible for them
The consequences for prevention of torture and
ill-treatment
The Parliamentary Ombudsman has also highlighted
a lack of clarity with respect to carrying out visits to
prisons abroad. The Ministry presumed, among other
things, that the Parliamentary Ombudsman should
be able to carry out visits under its mandate to a
prison abroad rented by the Norwegian. However,
the consultation paper of 30 January contained no
discussion of the Norwegian NPM’s relationship
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism against Torture and Ill-Treatment
ANNUAL REPORT 2015
with the NPM of the ’receiving state’ under OPCAT,
the relationship with the authorities of the ’receiving
state’ and the role they exercise in relation to the
inmates, or other factors of importance to carrying
out preventive visits in another state.
The UN Subcommittee on Prevention of Torture, SPT,
has an advisory role in relation to the NPMs. SPT has
issued a statement on how preventive work should be
carried out if a state enters into an agreement with
another state on sending people there for detention
purposes. It must be ensured that the NPM in the
’sending state’ has the legal and practical possibility
to visit the inmates in prison in the ’receiving state’
in accordance with OPCAT and to make recommendations and enter into dialogue with the authorities
in both countries. At the same time, the NPM in the
’receiving state’ shall have the same possibility to
carry out visits, make recommendations and enter
into dialogue with the authorities of both states.
The Ombudsman recognises both legal and practical
challenges associated with entering into dialogue on
follow-up with other states’ authorities (about matters
outside Norway’s jurisdiction), and also recognises
that this will be a key factor in fulfilling the OPCAT
mandate. For example, with respect to inmates’
access to health care services, which according to
the agreement are provided by the Dutch authorities.
It is unclear how the Norwegian NPM will be able
to effectively investigate the health care services
provided during a visit to Norgerhaven prison, and
make recommendations and carry out follow-up
afterwards.
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