CAT/C/42/2
page 14
46. The Special Fund to provide assistance to States parties in implementing SPT
recommendations and to assist the education of NPMs (under article 26 of the OPCAT) is being
administered by the OHCHR. The SPT suggested that an independent board of experts should be
involved in reviewing applications to the Special Fund. The SPT has always been firmly of the
opinion that the SPT needs to maintain an arms length relationship with the Fund in order to
distinguish its role as an independent preventive mechanism from the funding of implementation
of its recommendations. It was therefore pleased to learn that the experts on the Board of
Trustees of the Voluntary Fund for the Victims of Torture (VFVT) have been approached to act
as an independent advisory board to assess how contributions to the Special Fund might be used.
47. The SPT understands that thus far there have been generous contributions to the Special
Fund from the Maldives and Spain. It is reported that in general States have been reluctant to
contribute to the Special Fund until they know what the SPT’s recommendations are. The SPT
recalls that its recommendations are confidential until the State party concerned agrees to
publication of the visit report. Publication is therefore an important step in the process of
obtaining funding for the implementation of recommendations.
48. During its plenary sessions, the SPT members discussed relations and attended meetings
with other relevant United Nations bodies. In particular, given the complementarity of the SPT’s
work and that of the Special Rapporteur on the question of torture, the SPT has continued to
maintain close contact with Mr Manfred Nowak and has discussed common challenges faced and
methods of working.
49. During its seventh plenary session in February 2009, the SPT met with the
Mr. Gianni Magazzeni from the Field Operations and Technical Cooperation Division of
National Institutions Unit to discuss accreditation of the National Human Rights Institutions
(NHRIs). Whereas the accreditation process is clearly seen as of value to by NHRIs, the SPT
takes the view that it is important to distinguish between the general human rights mandate of
NHRIs and the specific preventive mandate of NPMs. Accreditation does not automatically
qualify an NHRI as an NPM. In the meeting, ways were explored to make clear the distinction
between NHRIs accreditation and suitability of a particular NHRI for the role of NPM.
50. The SPT continues to be represented at the Inter Committee meetings of the
United Nations human rights treaty bodies, which are a good opportunity to exchange views with
experts whose mandates intersect substantively with the SPT mandate. There are points of
common interest among the treaty bodies. The SPT’s work relates in particular to the mandate of
CAT and the Human Rights Committee, with respect to the rights of persons deprived of liberty,
and likewise to the work of Committee on the Rights of the Child, which includes the rights of
children deprived of liberty, and to that of the Committee for the Elimination of Discrimination
against Women, as regards the rights of women deprived of liberty. The SPT has had occasion to
cite the CAT, the Human Rights Committee and the Committee on the Rights of the Child in its
visit reports.
B. Relations with other relevant international organizations
51. The SPT also maintained contact with the International Committee of the Red Cross and
the two treaty bodies continued to maintain a positive dialogue on the many related areas of their
work.
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