Question 6:
What is the relationship between the Subcommittee on Prevention of
Torture and National Preventive Mechanisms?
The Optional Protocol envisages exchanges of information and collaboration between the
Subcommittee and NPMs.18 Once NPMs are established, the Subcommittee establishes and
maintains direct contact with them.19 The SPT provides such advice and assistance via regular e-mail
correspondence and other forms of contact between itself and each NPM, through SPT country
rapporteurs with responsibility for liaising with the NPMs concerned. The SPT has also created a
section on its public web page where it publishes (on an anonymous basis) answers to some of
the many queries which it has received from NPMs, as a way of providing more general practical
advice on NPM-related practices.20
The Subcommittee supports and advises NPMs through:
uuoffering training and technical assistance, with a view to strengthening their capacities;
uuassisting in the evaluation of their needs and the means necessary to strengthen the protection
of persons deprived of their liberty against torture and ill-treatment; and
uumaking recommendations and observations to States parties, to strengthen the capacity and
mandate of NPMs.
To fulfil its advisory functions, the Subcommittee has developed guidelines on National Preventive
Mechanisms (CAT /OP/12/5) and an analytical assessment tool for National Preventive Mechanisms
(CAT/OP/1/Rev.1) and a NPM assessment matrix for NPMs.
The Subcommittee also gives strategic guidance to the Special Fund,21 established under article 26 of
the Optional Protocol, which provides financial grants for projects aimed inter alia at establishing or
strengthening the effective functioning of NPMs. Project proposals should be focused on implementing
the Subcommittee’s recommendations in this regard, contained in the publicly-accessible visit report.22
NPMs may themselves apply for a grant (see the section on Technical Assistance – OPCAT Special
Fund for more details).
Under the Optional Protocol, NPMs should cooperate with the Subcommittee. The Optional Protocol
explicitly recognizes the obligation of States parties to grant NPMs the right to have contact with the
Subcommittee, to send it information and to meet with it.23 Most NPMs provide the Subcommittee with
their annual reports, which the Subcommittee then publishes on its website.24
18
Article 20 (f) of the Optional Protocol.
19
Article 11(b) of the Optional Protocol.
20
See, http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/NationalPreventiveMechanisms.aspx.
21
http://www.ohchr.org/opcatfund.
22
SPT reports are confidential until the State parties or NPMs agree to make them public.
23
Article 20(f) of the Optional Protocol.
24
http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/AnnualreportsreceivedfromNPM.aspx.
FREQUENTLY ASKED QUESTIONS I
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