10
Background
or suffering to have been committed intentionally (e.g.
not the result of mischance or accident), and in the
course of the exercise of power.
The European Convention for the Prevention
of Torture and Inhuman or Degrading
Treatment or Punishment
The fact that torture has major consequences which are
often difficult or impossible to remedy makes preventive
efforts very important. Accordingly, in 1987, the member
states of the Council of Europe adopted the European
Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment. Norway ratified the
convention in 1989.
The European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment
introduced a system by which a supranational visiting body, the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or
Punishment (CPT), visits places of detention. The CPT
consists of independent experts with backgrounds from
fields such as law, medicine and psychiatry. The CPT
regularly visits places of detention in states which have
ratified the convention. These visits may be conducted
with or without prior announcement. The CPT has
visited Norway five times, most recently in May 2011.
Following each visit, the CPT drafts a report containing recommendations and comments addressed to the
responsible authorities.
The CPT has also developed comprehensive standards on
the treatment of persons deprived of their liberty.1 These
standards operationalise the prohibition against torture
as defined in article 3 of the European Convention on
Human Rights. They include standards for prisons, police
custody facilities, psychiatric institutions and immigration detention facilities, and contain separate provisions
on vulnerable groups such as young adults and women.
The standards are also relevant for the preventive efforts
required by the Optional Protocol to the Convention
against Torture (OPCAT).
The Optional Protocol to the Convention
against Torture (OPCAT)
The Optional Protocol to the Convention against Torture,
DEPRIVATION OF LIBERTY
Article 4.2 of the Optional Protocol defines deprivation of
liberty as: “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.”
Norway’s National Preventive Mechanism – Annual Report 2014
abbreviated as OPCAT, was adopted by the UN General
Assembly in 2002. The motive was the same as for the
adoption of the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or
Punishment: a desire to strengthen efforts to prevent torture and other cruel, inhuman or degrading treatment or
punishment. Like the European convention, the OPCAT
does not contain a new legal standard, but it defines new
work methods for preventing torture and ill-treatment of
persons deprived of their liberty.
The Norwegian parliament approved Norway’s
ratification of the Optional Protocol on 14 May 2013.
States which have ratified the Optional Protocol undertake to maintain, designate or establish one or several
independent national preventive mechanisms (NPMs)
to conduct regular visits to places where persons are, or
may be, deprived of their liberty, with the aim of preventing torture and ill-treatment.2 The national preventive
mechanisms also have power to make recommendations following such visits, and to make proposals and
comments on existing or draft legislation.3
The Optional Protocol also established an international
monitoring body working alongside the national preventive mechanisms: the UN Subcommittee on Prevention
of Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, abbreviated to SPT. The
SPT comprises 25 independent experts, and may make
both announced and unannounced visits to any place
of detention in states which have ratified the Optional
Protocol. The SPT is also mandated to give advice and
guidance to national preventive mechanisms and to coordinate its work with international and regional human
rights mechanisms such as the CPT, the CAT and the UN
Special Rapporteur on Torture and other Cruel, Inhuman
and Degrading Treatment or Punishment.
The SPT’s mandate and relationship with the national
system of visits is set forth in OPCAT.4 These parallel
national and international monitoring bodies are intended to complement one another and have a mutually
reinforcing effect in the context of preventing torture and
ill-treatment.
As of 31 December 2014, 76 states had ratified the