Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies
taken into consideration.422 Such visits should occur regularly pursuant to certain
standards of periodicity. The procedure for arranging visits is found in Article 13(2):
After consultations, the Subcommittee on Prevention shall notify the State Parties of
its programme in order that they may, without delay, make the necessary practical
arrangements for the visits to be conducted.
As noted below in Section 2.3.3(c), States parties are obliged to cooperate with
the Subcommittee in giving the Subcommittee access to relevant places of detention. The visits themselves are conducted by at least two members of the
Subcommittee423 and, if necessary, the members will be accompanied by an expert selected from a roster compiled on the basis of suggestions made by State
parties, the Office of the UN High Commission for Human Rights and the United
Nations Centre for International Crime Prevention.424 Such an expert must have
“demonstrated professional experience and knowledge in the fields covered by the
present Protocol”.425 The State Party may object to the choice of expert for the visit,
in which case the Subcommittee will propose another expert.426
The Subcommittee may decide under Article 13(4) that a short follow-up visit is required to ensure that the State Party has implemented or is working
towards implementing its recommendations. The Subcommittee may also
undertake short advisory visits on the establishment and functioning of
National Preventive Mechanisms.427
The recommendations and observations which the Subcommittee makes during
its visit must be confidentially communicated to the State Party and if relevant
also to the NPM.428 If the State Party requests it to do so, the Subcommittee must
publish its report. This publication should include any comments from the State
party. If the State party itself makes part of the report public, the Subcommittee
has the right to publish any part or even the whole of the report.429
An annual report submitted by the Subcommittee to the CAT Committee is publicly
available.430 Annual reports generally contain information on organizational and
membership issues, on the visits carried out during the year and the dialogue arising from them, on the developments concerning the establishment of NPM and
on the engagement with other bodies in the field of torture prevention. Moreover,
422
423
424
425
426
427
428
429
430
138
First Annual Report of the SPT, (2008) UN Doc. CAT/C/40/2, para. 14.
Article 13(3), OPCAT.
Ibid.
Ibid.
Ibid.
See, for instance, SPT, Sixth Annual Report, (2013) UN Doc. CAT/C/50/2, para. 16.
Article 16 (1), OPCAT.
Article 16 (2), OPCAT.
Article 16 (3), OPCAT.
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