CAT/C/46/2
Affairs at the Sandra Day O’Connor College of Law), both for the promotion of the
Optional Protocol and its ratification, and for Subcommittee activities.
IV.
A.
Issues of note arising from the work of the Subcommittee
during the period under review
Article 24 of the Optional Protocol
40.
In the third annual report it was noted that the Office of Legal Affairs had proposed
that the discrepancy between differing language versions of article 24 of the Optional
Protocol be addressed by rectifying the Spanish and Russian texts to provide that States
parties may make a declaration postponing the implementation of their obligations under
either part III or part IV of the Optional Protocol “upon ratification”, rather than “after
ratification”. This change entered into force, with retroactive effect, as of 29 April 2010.
B.
The development of the Subcommittee’s working practices
41.
Throughout the course of the year the Subcommittee reflected on its working
practices. It now has the benefit of four years of experience on which to draw, but is also
conscious that its expansion from 10 to 25 members poses both challenges for the
continuation of its existing modus operandi and opportunities to develop additional forms
of activities in the fulfilment of its mandate. As has been made clear in previous annual
reports, the Subcommittee has three primary functions, set out in article 11 of the Optional
Protocol. These are to: (a) conduct visits to places of detention in accordance with the
provisions of the Optional Protocol; (b) exercise a variety of functions in relation to NPMs;
and (c) cooperate more generally with other relevant mechanisms working for the
prevention of torture.
42.
These are open-ended functions and it is clear to the Subcommittee that there is no
natural limit to the total amount of work which it could be expected to undertake in the
fulfilment thereof. In practice, the limits that exist are those imposed by constraints
resulting from a shortage of personnel (both within the Subcommittee and within its
secretariat), time and money. The Subcommittee recognizes that it is in no different a
position to any other bodies operating within the framework of OHCHR in facing these
difficulties, but encourages OHCHR to address these shortages to the best of its ability,
bearing in mind that its expansion from 10 to 25 members is intended to facilitate an
increased overall level of activity. For its part, the Subcommittee recognizes that it must
seek to make the most effective and efficient use of the resources available to it.
43.
So far, the Subcommittee has focused its resources on conducting visits to States
parties lasting on average between 8 and 10 days, which have included meetings with
ministers and senior officials, NPMs (where established) and civil society, and conducting
unannounced visits to places of detention. The Subcommittee continues to believe that
visits of this nature reflect best practice and will continue to conduct such visits as a part of
its regular programme of activities.
44.
The Subcommittee has not so far been able to devote as much attention as it would
have wished to the second and third elements of its mandate. It regrets that it has not had
the opportunity to engage more quickly with States in the early stages of their participation
in the system of the Optional Protocol, and in particular during the process of establishing
their NPMs. Individual members have undertaken a great deal of NPM-related work at the
invitation of other regional and national bodies, and the Subcommittee is most grateful to
12
GE.11-40683
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