11
sit, the Committee shall draw up a report on the facts found during the visits27. The
Committee has visited Serbia three times, in 2004, 2007 and 201128.
2. Optional Protocol to the Convention against Torture
The State Parties to the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment29 (The Optional
Protocol), reaffirm that torture is prohibited and constitutes serious violations of
human rights30.
The State Parties to the Optional Protocol, have agreed to establish a system
of regular visits undertaken by independent and national bodies to places
where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.31
The Optional Protocol intention to facilitate visits or continuous presence of mechanisms on prevention of torture in the institutions where persons deprived of their liberty are placed is a result of understanding that the biggest problem of closed institutions is exactly the fact that they are closed and that whatever happens inside is
out of the public eye.
The State Parties to the Optional Protocol are obliged to allow visits by the mechanisms established by the Protocol to any place under its jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given
by a public authority or at its instigation or with its consent or acquiescence (places
of detention).32
2.1.
Subcommittee on Prevention of Torture33
The Optional Protocol establishes Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment 34.
27 European Convention for the Prevention of Torture, Article 10 Paragraph 1
28 Reports on visits to the Republic of Serbia and responses made by the Government of the Republic of Serbia can be
consulted on the webpage of the European Committee for the Prevention of Torture www.cpt.coe.int/en/states/srb.
htm
29 Adopted on 18 December 2002 in New York, at 57th session of the United Nations General Assembly by Resolution
A/RES/57/199, came into force on 22 Jun 2006
30 Optional Protocol, preamble
31 Optional Protocol, Article 1
32 The Optional Protocol, Article 4 Paragraph 1
33 www2.ohchr.org/english/bodies/cat/opcat/
34 The Optional Protocol, Article 2 Paragraph 1