The members of the Committee reiterated their agreement in principle with
the establishment of a system of preventive visits to places of detention at
the global level and reaffirmed that the text of the draft optional protocol
submitted by Costa Rica provided a valuable basis for discussion in the
open-ended inter-sessional working group of the Commission on Human Rights.
In addition, members of the Committee made a number of observations concerning
the text of specific articles of the draft optional protocol.
19.
20. With regard to article 8, paragraph 2, of the draft optional protocol,
members of the Committee were of the view that the text should be changed or
an additional paragraph added to outline in more detail how the relationship
between the Committee against Torture and the subcommittee to be established
under the optional protocol would be affected by the postponement of a
scheduled mission by the latter in cases where a State party had agreed to
receive a visit of the Committee against Torture under article 20 of the
Convention.
21. With regard to article 9, paragraph 1, of the draft optional protocol,
the members of the Committee were of the view that the term "may" appearing at
the beginning of the second sentence of paragraph 1, should be replaced by the
term "shall". They were also of the view that consideration should be given
to adding a paragraph to article 9 which would exhort all the international
and regional organs or organizations concerned to engage in the fullest
cooperation with each other.
22. With regard to article 15 of the draft optional protocol, the members of
the Committee were of the view that its provisions unduly restricted the
information that should be made available to the Committee against Torture in
respect of its jurisdiction under article 20 of the Convention. They
accordingly suggested that the following proposal be taken into consideration
as an alternative to article 15 of the draft optional protocol or to any other
relevant provision:
"The subcommittee shall submit to the Committee against Torture the
following reports:
(a)
Reports which the State party concerned wishes to be pUblished;
(b) Reports upon which the subcommittee wishes the Committee
against Torture to make a public statement;
(c) Reports which in the SUbcommittee's op1n1on reveal that
systematic torture has been practised by a State party;
(d) Reports concerning a State party in respect of which the
Committee against Torture has indicated to the subcommittee that an
inquiry in accordance with article 20 of the Convention against Torture
is under consideration;
The reports under (b), (c) and (d) shall be dealt with by the
Committee against Torture 1J,1 private meetings. 11
-5Digitized by Dag Hammarskjöld Library