the opcat activities
Committee against Torture (CAT). State parties must regularly report on how
they comply with convention.
If allowed by a state party, individuals may additionally complain to the Committee. Sweden allows individual complaints. The Convention against Torture
itself does not provide CAT the mandate to conduct visits of member states.
In order to allow, inter alia, international visits, the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was adopted in 2002. The Protocol entered
into force in 2006. OPCAT established an international committee known as
the Subcommittee on Prevention of Torture (SPT).
1.3 Preventive activities
The work performed in accordance with OPCAT is to be conducted with the
aim of strengthening, if necessary, the protection of individuals deprived of
their liberty against torture and other cruel, inhuman or degrading treatment
or punishment. Preventive work can be carried out in a number of ways,
including via monitoring of the environments where the risk of abuse and
violations is particularly high.
Another important aspect of the preventive work is the identification and
analysis of factors that can directly or indirectly increase or reduce the risk
of torture and other forms of inhuman treatment, etc. This work is forwardlooking with the aim of systematically reducing or eliminating risk factors
whilst strengthening preventive factors and safeguards. Furthermore, the
work should have a long-term perspective and focus on achieving improvements through constructive dialogue, proposals for safeguards and other such
measures.
1.4 OPCAT activities in Sweden
States party to OPCAT are obliged to designate one or more bodies charged
with the role of National Preventive Mechanism (NPM). Since 1 July 2011, the
Parliamentary Ombudsmen have been fulfilling the role of NPM in accordance with OPCAT.2
In designating the Parliamentary Ombudsmen this role, the Committee on
the Constitution stated that the tasks and powers that the Parliamentary
Ombudsmen have had for many years matches well with the role of NPM.
Ever since the establishment of the institution, the Parliamentary Ombudsmen have inspected places where people may be held deprived of their liberty.
The overall aim of the Parliamentary Ombudsmen’s traditional assignment
is to promote legal certainty, and this includes, inter alia, ensuring that the
fundamental rights and freedoms of individuals are not violated by the public
sector.
2 Section 5 a of the Act with Instructions for the Parliamentary Ombudsmen (1986:765).
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