MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
41
against Torture, to be established under the OPCAT, will also be able
to carry out regular visits to places where persons are deprived of their
liberty, regardless of whether any complaint has been received and
with no prior authorisation from the State Party concerned.
TABLE 1 : INTERNATIONAL AND REGIONAL VISITING MECHANISMS
TYPE
LEGAL BASIS
CHARACTERISTICS
International mechanisms
UN Thematic Procedure
• Special Rapporteur on
Torture and Other Cruel,
Inhuman or Degrading
Treatment or Punishment;
• Special Rapporteur on
Extrajudicial, Summary
or Arbitrary Executions;
• Working Group on
Forced or Involuntary
Disappearances;
• Working Group on
Arbitrary Detention
Committee against
Torture
Sub-Committee to the
Committee against
Torture6
Resolutions
of the United
Nations
Commission
on Human
Rights
• Prior agreement by the State concerned;
• Occasional visits to places of detention in order
to assess country situations in relation to their
mandate;
• Recommendations issued on the basis
of information communicated to the Rapporteur
and verified, or following visits carried out in
the country concerned;
• Recommendations without binding character
for States;
• Public reports presented at the session
of the UN Human Rights Commission.
Article 20 of
theConvention
of the United
Nations (1984)
• Can only visit States Parties to the Convention5;
• Visits only in the case of “systematic torture”;
• Authorisation by the State concerned;
• Confidential procedure.
Optional
Protocol to
the
Convention
against Torture
(OPCAT)
(2002)
• Visits to States Parties to the Protocol;
• Will be established for the purpose of
conducting preventive visits;
• Acceptance of visits without prior consent upon
ratification or accession to OPCAT;
• Preventive periodic visits; possibility of one follow-up visit;
• Unlimited access to any place where a person is
deprived of his/her liberty;
• Confidential reports; possibility for the State
to authorise publication or for the committee to
publish in case of a failure to co-operate;
• Annual report to CAT;
• Direct contacts with national preventive
mechanisms.
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