A/65/273
subordinate to relevant ministries, and national human rights institutions, or they allow
non-governmental organizations to carry out monitoring visits. In addition, there are
independent regional mechanisms such as the European Committee for the Prevention
of Torture and international mechanisms such as the Working Group on Arbitrary
Detention and the Special Rapporteur on torture that can inspect places of detention.
77. In view of the great importance of systematic, independent external monitoring
for the prevention of torture, and in response to the shortcomings of the existing
mechanisms, the General Assembly adopted the Optional Protocol to the Convention
against Torture in 2002. The rationale behind the Optional Protocol is based on the
experience that torture mainly happens in places of detention, owing to their
opaqueness to the outside world and lack of external scrutiny. The Optional Protocol
is intended to introduce a shift from a paradigm of opacity, in which detainees are
locked away from the outside world and the outside world is kept away from the
detainees, to one of transparency. Through the opening up of places of detention, the
entire system of detention can be exposed to public scrutiny, made more transparent,
and its officials deterred from abusive treatment by being held accountable for their
actions.
78. The Optional Protocol takes a two-pillar approach, with the Subcommittee on
Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
on the one hand, and national preventive mechanisms in each State party on the other.
As the Subcommittee can only sporadically conduct monitoring visits to the increasing
number of States parties to the Optional Protocol, the main responsibility for
systematic monitoring rests with the national preventive mechanisms.
79. As of July 2010, a total of 54 States, including 8 States visited by the Special
Rapporteur, were parties to the Optional Protocol. Of those, 32 States have designated
national preventive mechanisms. Given that all the existing national preventive
mechanisms are still at an initial stage and have yet to develop their practices, the
current phase is absolutely crucial in terms of paving the way for the Optional Protocol
to exert its full potential for the prevention of torture. Against this background, a first
stocktaking would appear to be instructive in order to identify lessons learned and
potential pitfalls in the process of setting up national preventive mechanisms.
80. The Optional Protocol does not prescribe a specific form for national
preventive mechanisms but leaves it to States parties how to “maintain, designate or
establish … one or several independent national preventive mechanisms”. However,
the Optional Protocol and the related Principles relating to the Status of National
Institutions (The Paris Principles) prescribe clear minimum criteria for national
preventive mechanisms. Any national preventive mechanism is to be provided with
a broad mandate to regularly visit all places of detention with a view to examining
the treatment of detainees, to make recommendations to the relevant authorities and
to submit draft legislative proposals and observations. It must have unrestricted
access, without prior notification, to all places of detention and enjoy the right to
hold private interviews with detainees. It must be granted full institutional,
functional, personal and financial independence from the State authorities, be
pluralistically composed to have the “required capabilities and professional
knowledge” and provide for a balanced gender and adequate minority representation.
81. States parties have taken different approaches to establishing a national
preventive mechanism in compliance with the Optional Protocol, either designating
existing institutions or establishing an entirely new body, both of which have
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