E/CN.4/1991/17
page 92
consideration of the draft optional protocol to its forty-seventh session
since it thought it advisable to take note, on the one hand, of the experience
of the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, which had entered into force on
1 February 1988, and, on the other hand, of the work being carried out in
other regions designed to establish regional systems of visits to places of
detention (decision 1989/104).
297. The Commission will therefore resume consideration of the draft
optional protocol at its present session. The Special Rapporteur has been
informed that the first report of the Committee established under the
European Convention will be published in the beginning of 1991. The Special
Rapporteur has also been informed that in other regions no steps have been
taken to establish similar regional systems of visits.
298. As the Special Rapporteur said in previous reports, such systems of
periodic visits must be deemed to be one of the most effective preventive
measures against torture. As a result of such visits by a committee of
experts Governments may be advised on measures to be taken to improve the
existing regime in places of detention or imprisonment. The element of
periodicity is designed to strengthen its preventive effect and to emphasize
its character as a form of co-operation with the Government concerned, which
is also underlined by the confidentiality of the reporting system. Although
the institution of such systems of visits on the national level must be
welcomed and consequently has been recommended by the Special Rapporteur, the
preventive effects of an international system will be incomparably stronger.
299. As the Special Rapporteur stated in his second report (E/CN.4/1987/13,
para. 8 5 ) , such a system of visits is no more an intrusion in the domestic
jurisdiction of a State than the visits of staff members of the International
Atomic Energy Agency to nuclear facilities which may also lead to
recommendations for the improvement of existing standards. Just as in the
latter case such visits have been accepted since they serve a purpose which is
recognized by the international community as being of vital importance, namely
the maintenance of international peace and security, a system of visits to
places of detention would serve the purpose of ensuring respect for human
dignity, a value deemed by the international community of equivalent
importance.
300. The introduction of a system, as provided for by the draft optional
protocol, would to a certain extent be the final stone in the edifice which
the United Nations has built in their campaign against torture. It would also
reflect the three-tiered system of activities of the United Nations in the
field of human rights. First, torture was explicitly prohibited,
(standard-setting). Secondly, a convention was concluded to strengthen the
standard. The Parties to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment have committed themselves to take
measures on the national level which will enable them better to implement the
norm (implementation). Adoption of the draft optional protocol would
constitute an illustration of the most recent branch of United Nations
activities: co-operation between individual Governments and the
international community for the promotion of the respect for human rights
(Advisory Services).
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