13
All State Parties to the Optional Protocol are obliged to allow visits paid by the mechanisms
established under the Optional 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 approval (places of detention).40
3.1.
Sub-Committee on Prevention of Torture41
The Optional Protocol established Sub-Committee on Prevention of Torture and other Cruel,
Inhuman or Degrading Treatment and Punishment42.
Sub-Committee on Prevention of Torture is authorized to visit all detention places and issue its
recommendations to the State Parties in relation with the protection of persons deprived of
their liberty from torture and other cruel, inhuman or degrading treatment or punishment.43
The State Parties to the Optional Protocol undertake:
- to receive the Subcommittee on Prevention in their territory;
- to allow unrestricted access to all detention places, its installations and facilities, as selected;
- to allow to conduct private interviews with the persons deprived of their liberty without
witnesses, either personally or with a translator if deemed necessary, as well as with any
other person who the Subcommittee on Prevention believes may supply relevant
information;
- to enable it unrestricted access to all information concerning the number of persons deprived
of their liberty in places of detention, as well as the number of places and their location,
unrestricted access to all information referring to the treatment of those persons as well as
their conditions of detention, as well as to provide all relevant information the Subcommittee
on Prevention may request to evaluate the needs and measures that should be adopted to
strengthen the protection of persons deprived of their liberty against torture and other cruel,
inhuman or degrading treatment or punishment;
- to examine the recommendations of the Subcommittee on Prevention and enter into dialogue
with it on possible implementation measures.44
The Sub-Committee on Prevention of Torture has not yet visited Serbia.
3.2.
National Mechanism for Prevention of Torture (NPM)
The Optional Protocol stipulated that Each State Party shall set up, designate or maintain at the
domestic level one or several visiting bodies for the prevention of torture and other cruel,
inhuman or degrading treatment or punishment45.
Optional Protocol, Article 4, paragraph 1.
www2.ohchr.org/english/bodies/cat/opcat/
42 Optional Protocol, Article 2. paragraph 1.
43 Optional Protocol, Article 11, item (а)
44 Optional protocol, Article 12. and 14.
45 Optional protocol, Article 3.
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