CAT/C/69/3
These States will have had four years to do so since the date of the ratification of the Optional
Protocol. The list is clearly too long; unfortunately, however, it is likely that the list will
become substantially longer in the coming year.
49.
The Subcommittee also wishes to point out that, while the establishment of a national
preventive mechanism in all States on the article 17 list is substantially overdue, in some
State parties it is egregiously so; in the case of, for example, Benin, Bosnia and Herzegovina,
Chile, Liberia and Nigeria, such a mechanism is more than 10 years overdue. These States
seem to lack the will to comply with this obligation, thus violating not only the letter but also
the spirit of the Optional Protocol. While the Optional Protocol may be indeed be optional,
the obligation to establish a national preventive mechanism is not, given that it is an element
central to the Optional Protocol. All State parties are offered advice and technical assistance
to assist them in doing so. The Subcommittee has examined the situation in many of these
States during its country visits, concluding regretfully that there appeared to be little sense of
urgency attached to the establishment of the mechanism – and therefore to the prevention of
torture and ill-treatment. The Subcommittee has visited some of these States not once but
twice, and they still have made no progress. It has contacted them frequently, but some have
rarely replied. All State parties should take responsibility for the commitments they have
undertaken and honour their obligations by establishing a national preventive mechanism, as
they have promised to do.
50.
The Subcommittee is also mindful that, in 2020, the General Assembly is due to
undertake a review of its support for the treaty body system, in accordance with the terms
laid out by the Assembly in its resolution 68/268. The Subcommittee has been following the
discussions in advance of that review, and in particular has contributed to the discussions that
resulted in the endorsement by the Chairs of the treaty bodies of a vision for the future of the
treaty body system, at the meeting of the Chairs held in June 2019. The Subcommittee is
supportive of that vision, and notes that some of the proposals draw inspiration from the
practice and experience of the Subcommittee as a treaty body engaging with State parties in
country and in region.
51.
The Subcommittee is, however, very concerned that the 2020 review process may not
fully engage with the needs of the Subcommittee, given its unique mandate among the treaty
bodies. Indeed, the concern is compounded by the fact that the financial solutions found for
the treaty body funding crisis in 2019 were sufficient to protect the work of all treaty bodies
except the Subcommittee, whose need to conduct visits was not catered for.
52.
At its thirty-seventh session, the Subcommittee adopted a statement on the 2020
review (see annex). The Subcommittee stresses the significance of its work being properly
reflected in the 2020 review, and draws attention to its statement of its needs.
VI. Plan of work
53.
The Subcommittee has already announced visits to Argentina, Australia, Bulgaria, the
Central African Republic, Croatia, Lebanon, Madagascar, Nauru, Paraguay and the State of
Palestine in the coming months. In accordance with its established practice, further
announcements concerning future visits may be made after future sessions.
10