CAT/C/40/2
page 5
II. MANDATE OF THE SUBCOMMITTEE
A. Objectives of the Optional Protocol to the Convention against Torture
5.
The Subcommittee is a new type of United Nations treaty body with a unique mandate
established under the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.8
6.
Article 1 of the Optional Protocol provides for a system of regular visits by mechanisms at
the international and national levels to prevent all forms of ill-treatment of people who are
deprived of their liberty. It establishes the Subcommittee as the international preventive
mechanism with a global remit and requires each State party to set up, designate or maintain, at
the domestic level, one or several visiting bodies for the prevention of torture and other cruel,
inhuman or degrading treatment or punishment - national preventive mechanisms.
B. Key features of the Subcommittee’s mandate
7.
The mandate of the Subcommittee is set out in article 11 of the Optional Protocol,9
establishing that the Subcommittee shall:
(a)
Visit places where people are or may be deprived of liberty;
(b) With regard to national preventive mechanisms, advise and assist States parties,
when necessary, in their establishment; maintain direct contact with national preventive
mechanisms and offer them training and technical assistance; advise and assist national
preventive mechanisms in evaluating the needs and necessary means to improve safeguards
against ill-treatment; and make necessary recommendations and observations to States parties
with a view to strengthening the capacity and mandate of the national preventive mechanisms;
(c) Cooperate with relevant United Nations bodies as well as with international, regional
and national bodies for the prevention of ill-treatment.
8.
The Subcommittee regards the three elements of its mandate as essential for the prevention
of torture and other cruel, inhuman or degrading treatment or punishment.
C. Powers of the Subcommittee under the Optional Protocol
9.
In order for the Subcommittee to fulfil its mandate, it is granted considerable powers
under article 14 of the Optional Protocol. Each State party is required to allow visits by
8
SPT webpage link: http://www2.ohchr.org/english/bodies/cat/opcat/.
9
Part III “Mandate of the Subcommittee on Prevention”.