CAT/C/42/2
page 11
32. The SPT expects the authorities of each State visited to verify whether reprisals for
cooperating with the SPT have occurred and to take urgent action to protect all persons
concerned.
IV. NATIONAL PREVENTIVE MECHANISMS
A. Work of the Subcommittee on Prevention of Torture
related to national preventive mechanisms
33. The OPCAT requires each State party to 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 - national preventive mechanisms (NPMs).16 The Optional Protocol sets
a time limit for this provision no later than one year from ratification. Most States parties have
not met this obligation.
34. During its second year the SPT again made contact with all States parties who were
due to establish or maintain NPMs in order to encourage them to communicate with the
SPT about the ongoing process of developing NPMs. States parties to the OPCAT were
requested to send detailed information concerning the establishment of NPMs (legal mandate,
composition, size, expertise, financial resources at their disposal, frequency of visits, etc.).17
By 31 March 2009, 29 States parties had provided information on all or some of these matters.18
35. The SPT notes with concern the lack of progress to date towards the designation,
establishment or maintenance of NPMs in many States parties. There are noticeable gaps as
regards the required process of consultation for the establishment of NPMs, the necessary
legislative foundation and the practical provision, including human and budgetary resources, to
enable the NPMs to work effectively. Unless the NPMs are able to fulfil their role as the
on-the-spot visiting mechanisms for the prevention of ill-treatment, the work of the SPT will be
seriously and adversely affected.
36. During the course of the year, the SPT had various bilateral and multilateral contacts with
NPMs and with organizations, including national human rights institutions (NHRIs) and
non-governmental organizations (NGOs) involved in the development of NPMs in all the regions
falling under the mandate. The SPT salutes the work of the member organizations of the OPCAT
Contact Group (OCG),19 in partnership with regional bodies such as the African Commission on
Human and People’s Rights, the Council of Europe, the Inter-American Commission on Human
16
Article 17.
17
Having regard to the elements identified in articles 3, 4, 11, and 12 of OPCAT.
18
The official information communicated to the SPT concerning designation, establishment or
maintenance of NPMs by all States parties as of 31 March 2009 is available in the SPT’s
website: http://www.ohchr.org/english/bodies/cat/opcat/index.htm.
19
The organizations involved in the OPCAT Contact Group are indicated in annex VI.