The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment provides:
The objective of the present Protocol is to establish a
system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other
cruel, inhuman or degrading treatment or punishment. [art. 1]
A Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment of the
Committee against Torture (hereinafter referred to as the
Subcommittee on Prevention) shall be established and shall
carry out the functions laid down in the present Protocol. [art.
2, para. 1]
The Subcommittee on Prevention shall carry out its
work within the framework of the Charter of the United
Nations and shall be guided by the purposes and principles
thereof, as well as the norms of the United Nations concerning the treatment of people deprived of their liberty. [art. 2,
para. 2]
Equally, the Subcommittee on Prevention shall be
guided by the principles of confidentiality, impartiality, nonselectivity, universality and objectivity. [art. 2, para. 3]
The Subcommittee on Prevention and the States Parties
shall cooperate in the implementation of the present
Protocol. [art. 2, para. 4]
Each State Party shall 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 (hereinafter referred to as the national preventive mechanism). [art. 3]
The Principles on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment provide:
2. States shall ensure that complaints and reports of torture or ill-treatment are promptly and effectively investigated. Even in the absence of an express complaint, an investigation shall be undertaken if there are other indications that
torture or ill-treatment might have occurred. The investigators, who shall be independent of the suspected perpetrators
and the agency they serve, shall be competent and impartial.
They shall have access to, or be empowered to commission investigations by, impartial medical or other experts. …
3. (a) The investigative authority shall have the power
and obligation to obtain all the information necessary to the
inquiry. The persons conducting the investigation shall have
at their disposal all the necessary budgetary and technical resources for effective investigation. They shall also have the
authority to oblige all those acting in an official capacity
allegedly involved in torture or ill-treatment to appear and
testify. …
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