Introduction: general framework
and definitions
“While the prohibition of torture may have originally applied primarily
in the context of interrogation, punishment or intimidation of a
detainee, the international community has begun to recognize that
torture may also occur in other contexts.” 1 As noted by the United
Nations Special Rapporteur on Torture, psychiatric institutions are
among the environments in which persons are at risk of abuse,
which can amount to torture or other ill-treatment. To contribute
to the capacity-strengthening of monitoring bodies in these types
of establishment and to the better prevention of abuses, the APT
dedicated its third Jean-Jacques Gautier Symposium to the realities
of psychiatric institutions around the world and to the challenges
related to monitoring these places of deprivation of liberty.
The monitoring of psychiatric institutions
Psychiatric institutions form an integral part of the mandate of the
SPT and NPMs – the bodies established under the Optional Protocol
to the United Nations Convention against Torture (OPCAT) whose
mandate is to conduct regular visits to “any place in which a person
is deprived of liberty (in the sense of not being free to leave) (...) if it
relates to a situation in which the State either exercises, or might be
expected to exercise a regulatory function.”2 Privately-run healthcare
settings, including care centres that use traditional healers, were
discussed several times during the Symposium and are also places
of detention as defined in the OPCAT.
Practice shows that, 10 years after the OPCAT came into force, visits
to psychiatric establishments form an integral part of NPMs’ activities
1
2
See the report of the UN Special Rapporteur on Torture, Juan E. Méndez, UN Doc.
A/HRC/22/53, 1 February 2013, §15, http://www.ohchr.org/Documents/HRBodies/
HRCouncil/RegularSession/Session22/A.HRC.22.53_English.pdf
SPT, Compilation of SPT Advice in response to NPMs’ requests, Advance unedited
version, §3, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.
aspx?symbolno=CAT/C/57/4&Lang=en
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