Annual Report 2010 by the National Preventive Mechanism against Torture
The Committee Against
5. The job of monitoring compliance with the Convention is entrusted to a
Torture monitors
general body — the Committee against Torture (CAT) — which regularly assesses
compliance with the
Convention
the progress made by each state (Art. 19 of the Convention), has the power to
conduct investigations ex officio when it believes there is evidence of the systematic
use of torture in any State Party to the Convention (Art. 20), and the power to
hear reports from private individuals and states regarding the infringement of
any provision of the Convention by a State Party (Art. 21 & 22).
Approval of OPCAT in 2002.
6. Following a long process promoted by civil society, gradually joined by
Based on two pillars: UN
numerous Latin American and European countries, on December 18, 2002 the
Subcommittee on
Prevention of Torture and
National Preventive
Mechanism against torture
UN General Assembly adopted the Optional Protocol to the Convention
(OPCAT), intended to prevent torture and other forms of mistreatment by means
of a system of regular inspection visits to places of deprivation of liberty of all
types. Precedents can be found in the inspection visits made by the International
Committee of the Red Cross (ICRC) and in the scope of the Council of Europe
through the actions of the European Committee for the Prevention of Torture.
What was new about the OPCAT was that it created a new structure for action
based on two pillars: an international body — the UN Subcommittee on the
Prevention of Torture (SPT) — supplemented by a national body: the National
Preventive Mechanism against torture (NPM). Spain ratified the OPCAT on
March 3, 2006, on receiving the 20th instrument of accession or ratification (Art.
28.1 of the Convention). At the time of writing this document the OPCAT has 57
States Parties, 34 of which have designated their NPMs.
Deprivation of liberty
7. For the purposes of this report, “deprivation of liberty” is understood in
understood as detention
accordance with the criteria laid down by the APT, i.e. as any form of detention
in which a person is not
permitted to leave at will
or imprisonment or the placement of a person (inmates, detainees, juvenile
internees, patients of secure psychiatric hospitals, foreign nationals, etc.) in a
public or private custodial setting which that person is not permitted to leave at
will by order of any judicial, administrative or other authority.
II. Designation of the Ombudsman of Spain
as the National Preventive Mechanism
Models of NPMs
8. The ratification of the OPCAT by Spain was followed by a period of
reflection on how best to establish an NPM, as provided for in the Protocol
itself (particularly in Article 3). In this regard the OPCAT establishes certain
basic requirements for the establishment of NPMs, but each state is given the
flexibility to set up its own NPM in line with its own constitutional rules and
regulations. Some states have designated pre-existing organisations (e.g.
Mexico, Costa Rica, Albania, the Czech Republic, Denmark, Estonia, Moldavia
14
THE OMBUDSMAN OF SPAIN
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