16. It is worth pointing out once again here that in exercising the functions attributed to it under law as Spain’s National Preventive Mechanism against Torture the Ombudsman becomes an actor on the international stage. Accordingly,
the reports issued by the Office of the Ombudsman in its role as NPM are not
destined solely for the Spanish parliament, for which the Ombudsman is a High
Commissioner under Article 54 of the Spanish constitution. This annual report,
and any special reports that may be drawn up in the exercise of these particular
functions, are also submitted to the United Nations Subcommittee on the Prevention of Torture in Geneva (referred to hereinafter as the SPT).
This annual report is
17. The specific relationship of the Spanish Ombudsman with the SPT is based
not only exchanges of information whenever either party so requests, but also on
the formal presentation of the Annual Report 2010 by the Ombudsman at the
SPT’s headquarters in Geneva on February 21st 2012. The SPT does not always
convene all the NPMs that have drawn up annual reports, but it decided to do so
in the case of Spain.
At the request of the SPT,
18. An analysis of the degree to which the prevention of torture is institutionalised around the world at this moment reveals an unflattering picture. This is
backed up by the facts and figures: of the 193 states that make up the United Nations, 71 have signed the OPCAT and only 62 have ratified it. The current status
after signing a ratification process can be summed up as follows:
Of the 193 states that make
submitted to the Spanish
parliament and to the UN
Subcommittee for the
Prevention of Torture (SPT)
the Annual Report 2010
was presented at its
headquarters in Geneva
(Switzerland) on February
21, 2012
up the UN, 71 have signed
the OPCAT and only 62
have ratified it
Table 13. Signing and ratification of the OPCAT
Signed but not ratified
Ratified
Cape Verde, Cameroon,
Congo, Ghana, Guinea,
Madagascar, Mauritania,
Sierra Leone, South Africa
& Zambia
Benin, Burkina Faso, Gabon, Lebanon,
Liberia, Maldives, Mali, Mauritius,
Nigeria, D. R. of the Congo, Senegal,
Togo & Tunisia
America
Venezuela
Argentina, Bolivia, Brazil, Chile, Costa
Rica, Ecuador, Guatemala, Honduras,
Mexico, Nicaragua, Panama, Paraguay,
Peru & Uruguay
Asia
Timor
Armenia, Azerbaijan, Cambodia,
Georgia, Kazakhstan, Kyrgystan
& Turkey
Europe
Austria, Belgium, Finland,
Greece, Ireland, Iceland, Italy,
Norway & Portugal
Albania, Germany, Bosnia &
Herzegovina, Bulgaria, Cyprus, Croatia,
Denmark, Slovenia, Spain, Estonia,
France, Hungary, Liechtenstein,
Luxembourg, FYR Macedonia, Malta,
Moldova, Montenegro, Netherlands,
Poland, Czech Republic, UK, Romania,
Serbia, Sweden, Switzerland & Ukraine
Oceania
Australia
New Zealand
Africa
THE OMBUDSMAN OF SPAIN
29
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