Foreword
The Optional Protocol to the United Nations Convention against Torture is unique in many ways: it
is the only exclusively preventive international human rights treaty and the first instrument entrusting
national bodies – namely National Preventive Mechanisms (hereinafter mainly referred to as NPMs)
– with a role in the implementation of that international treaty. Owing to their regular visits to places
of detention at national and local levels, day-to-day contact with authorities, and intimate knowledge
of the context, NPMs have a key role to play in preventing torture and complementing the work of
international bodies. To do so, the NPMs must be equipped not only with a strong legislative mandate
but also with the necessary human and financial resources. Fully cognisant that the establishment
of a NPM is not meaningful unless it is enabled to perform its functions effectively, the drafters of
the Optional Protocol explicitly stipulated legal obligations for the States parties concerning the
independence, mandate and budgetary resources of such mechanisms. The unique interplay between
NPMs and the United Nations Subcommittee on Prevention of Torture reinforces the potential of both
to spare countless human beings from the horrors of torture and ill-treatment.
Moreover, the Subcommittee is an important complement to the work of the United Nations Committee
against Torture, the Special Rapporteur on Torture, and the Voluntary Fund for Victims of Torture, which
are the key United Nations mechanisms established to prevent, prohibit and combat this scourge.
This Guide draws on the decade-long expertise of the Subcommittee on Prevention of Torture in
guiding and advising on NPMs. It summarizes the Subcommittee’s documents and recommendations
in a simple, practical guide to assist States – both States parties to the Optional Protocol, and those
considering becoming a State party – to establish or strengthen their NPMs. It also builds on the
experience of OHCHR staff in the field, many of whom have been and continue to be instrumental in
supporting NPMs with human rights expertise on the ground.
I hope that this Guide will be a useful and practical tool for States, NPMs and other actors for the
purpose of preventing and eliminating torture and ill-treatment in every corner of the Earth.
Zeid Ra’ad Al Hussein
High Commissioner for Human Rights
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