CAT/C/52/2
E.
Developments concerning the establishment of national preventive
mechanisms
21.
Of the 70 States parties to the Optional Protocol, 46 have officially notified the
Subcommittee of the designation of their NPMs, information concerning which is listed on
the Subcommittee website.
22.
Three official notifications of designation were transmitted to the Subcommittee in
2013, from Austria, Portugal and Tunisia.
23.
Twenty-four States parties have not yet notified the Subcommittee of the designation
of their NPMs. As at the end of 2013, the one-year deadline for the establishment of an
NPM provided for under article 17 of the Optional Protocol had not expired for three States
parties: Italy, Nauru and Norway. Furthermore, one State party, Bosnia and Herzegovina,
has made a declaration under article 24 of the Optional Protocol permitting it to postpone
designation for up to an additional two years. On 9 July 2012, Romania also made such a
declaration. After due representations from the State party and consultation with the
Subcommittee, the Committee against Torture extended the postponement for an additional
two years at its forty-ninth session, in November 2012. During its fiftieth session, on 13
May 2013, the Committee met in public session with Romania in order to learn more about
the measures being taken to establish the NPM. The Subcommittee regrets that a lack of
funding prevented any of its members from participating in that meeting, but it was pleased
to be represented by the Secretary of the Subcommittee, who emphasized that the
Subcommittee stood ready to assist the Romanian authorities as they established the NPM,
in accordance with its mandate under the Optional Protocol, and drew attention to the
Subcommittee’s guidelines on national preventive mechanisms (CAT/OP/12/5). On 3 July
2013, Romania informed the Subcommittee of its action plan for establishing an NPM.
During its twenty-first session, the Subcommittee held a follow-up meeting with the
Permanent Mission of Romania, with the participation of members of the Committee
against Torture.
24.
As at 31 December 2013, therefore, 20 States parties had not formally complied with
their obligations under article 17 of the Optional Protocol. Whilst this marks an
improvement in the overall position compared to 2012, it remains a matter of major
concern. At each Subcommittee session, the regional teams review progress towards the
fulfilment of each State party’s obligation, making appropriate recommendations to the
plenary on how the Subcommittee can best advise and assist the States parties concerned, in
accordance with its mandate under article 11 (b) (i) of the Optional Protocol. It must,
however, be noted that the Subcommittee understands that a number of States parties have
in fact designated NPMs, but have not officially communicated that information to the
Subcommittee. The actual position is therefore somewhat better than the figures suggest.
25.
The Subcommittee has continued the practice of engaging in dialogue with States
parties at its sessions concerning the designation or functioning of their NPMs. At its
nineteenth session, the Subcommittee held such meetings with the permanent missions of
Bosnia and Herzegovina, Brazil and Sweden. At its twentieth session, it held similar
meetings with the permanent missions of Benin, Guatemala and Tunisia, and at its twentyfirst session, with the permanent missions of Romania and Turkey. Members of the
Subcommittee are also in contact with other States parties who are in the process of
establishing their NPMs.
26.
The Subcommittee has also established and maintained contact with NPMs
themselves, in fulfilment of its mandate under article 11 (b) (ii) of the Optional Protocol. At
its twentieth session, the Subcommittee met with the NPM of the United Kingdom of Great
6