CAT/C/46/2
focus on those issues which, in the light both of its visit to the State party in question and its
more general experience, appear to it to be most pressing, relevant and realizable;
(g)
Effective domestic mechanisms of oversight, including complaints
mechanisms, form an essential part of the apparatus of prevention. These mechanisms will
take a variety of forms and operate at many levels. Some will be internal to the agencies
involved, others will provide external scrutiny from within the apparatus of government,
whilst others will provide wholly independent scrutiny, the latter to include the NPM to be
established in accordance with the provisions of the Optional Protocol;
(h)
Torture and ill-treatment are more easily prevented if the system of detention
is open to scrutiny. NPMs, together with national human rights institutions and
ombudsman’s offices, play a key role in ensuring that such scrutiny takes place. This is
supported and complemented by civil society which also plays an important role in
ensuring transparency and accountability by monitoring places of detention, examining the
treatment of detainees and by providing services to meet their needs. Further
complementary scrutiny is provided by judicial oversight. In combination, the NPM, civil
society and the apparatus of judicial oversight provide essential and mutually reinforcing
means of prevention;
(i)
There should be no exclusivity in the preventive endeavour. Prevention is a
multifaceted and interdisciplinary endeavour. It must be informed by the knowledge and
experience of those from a wide range of backgrounds – e.g. legal, medical, educational,
religious, political, policing and the detention system;
(j)
Although all those in detention form a vulnerable group, some groups suffer
particular vulnerability, such as women, juveniles, members of minority groups, foreign
nationals, persons with disabilities, and persons with acute medical or psychological
dependencies or conditions. Expertise in relation to all such vulnerabilities is needed in
order to lessen the likelihood of ill-treatment.
VI. Looking forward
A.
The enlargement of the Subcommittee’s membership
108. The Subcommittee will be welcoming 15 new members at its thirteenth session in
February 2011. The enlargement of the Subcommittee will in time significantly enhance
capacity to fulfil its mandate. During the past year the Subcommittee reviewed its working
practices in order to ensure that they are properly systematized and that it will be able to
work effectively in a larger plenary group. It has increased its use of Rapporteurs and, as
reported previously, sought to streamline its systems for liaising with regional bodies and
NPMs. The first task of the enlarged Subcommittee will be to get to know each other and to
consider how best to utilize the enhanced range of skills and experience that it will then
possess. Training of new members in the approach of the Subcommittee to its work will
also be important. The Subcommittee recognizes that expansion will necessitate change, but
believes that such change must be informed by its experience of working to fulfil its
complex mandate within the unique institutional setting provided by the United Nations and
OHCHR. The Subcommittee hopes that, in time, its increased membership will permit it to
increase its level of engagement with NPMs, and for this to be conducted in accordance
with a systematic programme rather than on a responsive basis, as has tended to be the case
to date.
109. The Subcommittee notes that its enlargement means that it has the human resources
within its membership to undertake significantly more visits than is currently the case.
GE.11-40683
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