A/HRC/13/39/Add.5
means to prevent torture and to generate timely and adequate responses to allegations of
abuse and ill-treatment by law enforcement officials. I have conducted fact-finding
missions to 15 countries where I was able to undertake unannounced, unrestricted and
unsupervised visits to places of detention, interview detainees and law enforcement
personnel in private and speak to government officials and representatives of civil society.
A similar mandate to visit places of detention and speak to detainees in private has been
entrusted to different national (judges, prosecutors, national human rights institutions,
ombuds-institutions and civil society organisations), regional (e.g. the European Committee
for the Prevention of Torture, CPT) and universal (e.g. Committee against Torture,
Working Group on Arbitrary Detention) mechanisms.
158. The importance of visiting bodies in preventing torture and ill-treatment has been
strengthened with the adoption of the Optional Protocol to the Convention against Torture
(OPCAT) on 18 December 2002, whose objective it is to establish a system of regular
preventive visits of international and national bodies to all places of detention. The
OPCAT, which has been ratified or acceded to by 50 States, establishes a Subcommittee on
Prevention of Torture (SPT) as an international visiting body and requires States to
designate a National Preventive Mechanism (NPM) on the domestic level. The OPCAT is a
most innovative international instrument focused on prevention instead of prohibition. By
setting out the criteria and safeguards for effective preventive visits and ensuring the
implementation of international standards at the domestic level, it strikes a new and hopeful
path for the prevention of torture. Therefore, I have repeatedly stressed the importance of
its universal ratification and implementation. Of the countries I have visited a total of seven
have ratified OPCAT, sometimes on the basis of an explicit recommendation during my
visit. Nigeria did not ratify until after my visit and explicit recommendation to expedite the
ratification.98
159. The international visiting body established by OPCAT, the SPT, consists of 25
independent experts and has the competence to carry out missions on the territories of the
States parties where it is to be granted unrestricted access to all places of detention. It
conducts unannounced and unsupervised visits to all places of detention, interviews
detainees in private, assists the respective NPM and makes recommendations to States
parties with a view to preventing torture and ill-treatment. The SPT started its work on 18
December 2006 and has so far conducted seven visits (Mauritius, Maldives, Sweden,
Benin, Mexico, Paraguay and Honduras). This is a relatively small number in comparison
to the European Committee for the Prevention of Torture which has conducted 276 visits
since 1990, with up to 20 visits per year. Consequently, it is to be advised that the SPT,
with its recently increased capacity of 25 experts,99 will extend the scope and effectiveness
of its mandate and follow the good example of the CPT.
160. The SPT is to be complemented by an NPM, the national counterpart to the SPT to
undertake visits to all places of detention in the respective country. The establishment of an
NPM is crucial for the prevention of torture since the SPT does not have the capacity to
undertake regular and systematic visits to every State party. Furthermore, as a ‘nationally
owned’ independent institution, an NPM is more likely to find acceptance in the local
population and adequately follow-up on the findings and recommendations made during its
visits.
98
99
A/HRC/7/3/Add.4, para. 75, (z); E/CN.4/2006/6/Add.3, para 58.
With the fiftieth ratification of OPCAT by Switzerland on 24 September 2009, the number of
independent experts rose from ten to 25. Article 5(1) OPCAT.
41
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