UN documents
II. Guiding principles
5. The guiding principles are the following:
(a) The prevalence of torture and ill-treatment is influenced by a broad range of factors,
including the general level of enjoyment of human rights and the rule of law, levels of
poverty, social exclusion, corruption, discrimination, etc. Whilst a generally high level
of respect for human rights and the rule of law within a society or community does
not provide a guarantee against torture and ill-treatment occurring, it offers the best
prospects for effective prevention. To that end, the Subcommittee is deeply interested
in the general situation within a country concerning the enjoyment of human rights and
how this affects the situation of persons deprived of their liberty.
(b) In its work the Subcommittee must engage with the broader regulatory and policy
frameworks relevant to the treatment of persons deprived of their liberty and with those
responsible for them. It must also be concerned with how these are translated into
practice, through the various institutional arrangements which are established in order
to do so, their governance and administration and how they function in practice. Thus
a holistic approach to the situation must be taken, informed by, but not limited to, its
experience gained through its visits to particular places of detention.
(c) Prevention will include ensuring that a wide variety of procedural safeguards for those
deprived of their liberty are recognized and realized in practice. These will relate to all
phases of detention, from initial apprehension to final release from custody. Since the
purpose of such safeguards is to reduce the likelihood or rise of torture or ill-treatment
occurring, they are of relevance irrespective of whether there is any evidence of torture
or ill-treatment actually taking place.
(d) Detention conditions not only raise issues of cruel, inhuman or degrading treatment
or punishment but in some circumstances can also be a means of torture, if used in
a manner which accords with the provisions of article 1 of the Convention. Therefore,
recommendations regarding conditions of detention play a critical role in effective
prevention and will touch on a wide variety of issues, including matters relating to
physical conditions, the reasons for, and levels of, occupancy and the provision of, and
access to, a wide range of facilities and services.
(e) Visits to States Parties and to particular places of detention should be carefully prepared
in advance taking into account all relevant factors, including the general legal and
administrative frameworks, substantive rights, procedural and due process guarantees
pertaining to detention as well as the practical contexts in which they operate. The
manner in which visits are conducted, their substantive focus and the recommendations
which flow from them may vary according to such factors and in the light of the situations
encountered in order to best achieve the overriding purpose of the visit, this being to
maximize its preventive potential and impact.
(f) Reports and recommendations will be most effective if they are based on rigorous
analysis and are factually well grounded. In its visit reports, the Subcommittee’s
recommendations should be tailored to the situations which they address in order to
offer the greatest practical guidance possible. In formulating its recommendations, the
Subcommittee is conscious that there is no logical limit to the range of issues that, if
explored, might have a preventive impact. Nevertheless, it believes that it is appropriate
to focus on those issues which, in the light both of its visit to the State party in question
and its more general experience, appear to it to be most pressing, relevant and realizable.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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