Appendix:
OPCAT background
Introduction to OPCAT
Preventive approach
The Optional Protocol to the Convention Against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT) is an international
human rights treaty that is designed to assist States
to meet their obligations to prevent torture and
ill-treatment in places where people are deprived of
their liberty.
The Association for the Prevention of Torture (APT)
highlights the fact that “prevention is based on the
premise that the risk of torture and cruel, inhuman
or degrading treatment or punishment can exist or
develop anywhere, including in countries that are
considered to be free or almost free from torture at
a given time”.39
Unlike other human rights treaty processes that
deal with violations of rights after the fact, OPCAT
is primarily concerned with preventing violations.
It is based on the premise, supported by practical
experience, that regular visits to places of detention
are an effective means of preventing torture and
ill-treatment and improving conditions of detention.
This preventive approach aims to ensure that
sufficient safeguards are in place and that any
problems or risks are identified and addressed.
On the principle of prevention, the SPT noted that:
OPCAT establishes a dual system of preventive
monitoring, undertaken by international and national
monitoring bodies. The international body, the United
Nations Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment
or Punishment (SPT), will periodically visit each
State Party to inspect places of detention and make
recommendations to the State.
At the national level, independent monitoring bodies
called National Preventive Mechanisms (NPMs) are
empowered under OPCAT to regularly visit places
of detention, and make recommendations aimed at
strengthening protections, improving treatment and
conditions, and preventing torture and ill-treatment.
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“Whether or not torture or other cruel, inhuman
or degrading treatment or punishment occurs
in practice, there is always a need for States to
be vigilant in order to prevent ill-treatment. The
scope of preventive work is large, encompassing
any form of abuse of people deprived of their
liberty which, if unchecked, could grow into
torture or other cruel, inhuman or degrading
treatment or punishment. Preventive visiting
looks at legal and system features and current
practice, including conditions, in order to
identify where the gaps in protection exist and
which safeguards require strengthening.”40
Prevention is a fundamental obligation under
international law, and a critical element in combating
torture and ill-treatment.41 The preventive approach
of OPCAT encompasses direct prevention (identifying
and mitigating or eliminating risk factors before
violations can occur) and indirect prevention (the
deterrence that can be achieved through regular
external scrutiny of what are, by nature, closed
environments).
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