CAT/C/48/3
regular visits, follow-up visits, establishing initial contact with new States parties and
engaging with NPMs can all be accommodated. The Subcommittee has also adopted a
methodology regarding the dialogue arising from its visits, and has established working
groups which will be responsible for leading and co-ordinating the Subcommittee’s
activities in relation to countries already visited by the Subcommittee. This mechanism will
also help Subcommittee members keep abreast of the situation in different countries. As
part of this methodology, the Subcommittee has also decided to consider issuing invitations
to representatives of States parties to meet with the Subcommittee where there is a reply
outstanding.
42.
In an effort to develop jurisprudence and provide guidance, the Subcommittee has
formulated a working method whereby the Subcommittee, based on visits, reports and
correspondence, identifies issues requiring clarification. To this effect, during 2011, the
focus has been placed on the importance of human rights education in the prevention of
torture, and on the correlation between corruption and the prevention of torture. Other
issues that the Subcommittee wishes to highlight in this regard are mental health and
detention, prevention of torture in prisons through the application of judicial procedural
control and due process standards, and the correlation between legal aid, a system of public
defence and the prevention of torture. Further, as OHCHR launched a Programme of
Commemoration for the 25th anniversary of the United Nations Declaration on the Right to
Development in 2011, the Subcommittee saw it appropriate to highlight the linkages
between the right to development and the prevention of torture.
43.
The expansion of membership has brought a new dynamic to the Subcommittee, and
has paved the way for the Subcommittee to work in ways that were not practically possible
before. While the Subcommittee is hopeful that it will continue to move forward and grow
stronger in fulfilling its mandate, it wishes to note that time and logistical and budgetary
constraints constitute the greatest challenge to formulating innovative ways through which
all members can be utilized in the best possible manner to fulfil the mandate of the
Subcommittee.
44.
Current levels of resourcing means that States parties to the Optional Protocol,
currently at 61, might only receive a full visit once in 20 years. This is of grave concern to
the Subcommittee, as conducting visits to States parties is one of the most visible and
effective ways through which it is able to perform its preventive mandate. These challenges
also mean that the Subcommittee is unable to engage and work with NPMs, vital partners in
the prevention of torture, in the most effective manner.
45.
The Subcommittee would also like to highlight the fact that fiscal constraints mean
that the secretariat of the Subcommittee, which has a direct impact on the quality of the
work the Subcommittee is able to produce, is grossly understaffed at present. The major
expansion in the size of the Subcommittee and in its workload has not been matched by a
similar expansion in the secretariat, which has only increased marginally. This means that
the secretarial support base for the Subcommittee is even more stretched than previously
and is set to remain so, despite the creativity of the Subcommittee in formulating new ways
to function more efficiently. The Subcommittee therefore encourages States parties to
consider supporting the Secretariat by providing staff on secondment, as some States parties
have done in the past.
B.
The establishment of working groups
46.
In 2011 the Subcommittee decided that a working group on security matters should
be established under the leadership of the Vice-Chair for Visits, Mr. Hajek. This decision
was made in order to address issues arising from field experience in relation to security
arrangements, including the role of security officers, and was informed by the recognition
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