Preliminary remarks
1.The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) was
established following the entry into force in June 2006 of the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT). The SPT began its work in February 2007.
2.The aim of the OPCAT is “to establish a system of regular visits undertaken by independent international and national bodies to
places where people are deprived of their liberty”, in order to prevent ill-treatment. The term ill-treatment should be interpreted in its
widest sense, to include inter alia ill-treatment arising from inadequate material conditions of deprivation of liberty. The SPT has two
pillars of work: visiting places of deprivation of liberty to examine current practice and system features in order to identify where the
gaps in the protection exist and which safeguards require strengthening; and assisting in the development and functioning of bodies
designated by States Parties to carry out regular visits - the national preventive mechanisms (NPMs). The SPT focus is empirical - on
what actually happens and what practical improvements are needed to prevent ill-treatment.
3.Article 11 paragraph c) of the OPCAT provides that, for the prevention of torture in general, the SPT shall cooperate, inter alia,
with other United Nations organs and mechanisms as well as with regional and national institutions. Article 31 provides that the SPT
should also consult and cooperate with bodies established under regional conventions with view to avoiding duplication and
promoting effectively the objectives of the OPCAT.
4.Under the OPCAT, a State Party is obliged to allow visits by the SPT to any places under its jurisdiction and control where
persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its
consent or acquiescence. States Parties further undertake to grant the SPT unrestricted access to all information concerning persons
deprived of their liberty and to all information referring to the treatment of those persons as well as their conditions of detention. They
are also obliged to grant the SPT private interviews with persons deprived of liberty without witnesses. The SPT has the liberty to
choose the places it wants to visit and the persons it wants to interview. Similar powers are to be granted to NPMs, in accordance
with the OPCAT. The work of the SPT is guided by the principles of confidentiality, impartiality, non-selectivity, universality and
objectivity, in accordance with article 2, paragraph 3 of the OPCAT.
Introduction
5.In accordance with articles 1 and 11 of the OPCAT, the SPT visited Sweden from Monday 10 to Friday 14 March 2008.
6.In this first visit to Sweden the delegation of the SPT concentrated its work on the evaluation of basic safeguards for the prevention
of ill-treatment at the early stage of deprivation of liberty by the police, as well as on the evaluation of the regime of remand prisoners
held under restrictions. The delegation also examined the readiness of the designated NPMs to carry out their mandate as envisaged
by the OPCAT and possibilities for future cooperation.
7.The delegation consisted of the following members of the SPT: Mr. Zdeněk Hájek (Head of the delegation), Ms. Marija DefinisGojanovic and Mr. Wilder Tayler Souto.
8.The SPT members were assisted by Mr. Avetik Ishkhanyan, expert , and Ms. Helle Dahl Iversen and Ms. Kukka Savolainen, staff
members of the Office of the United Nations High Commissioner for Human Rights, as well as by three interpreters.
I. COOPERATION
A. Facilitation of the visit
9.In advance of the visit, the Swedish authorities had designated Ms Victoria Li, Deputy Director from the Ministry for Foreign
Affairs, to act as liaison officer for the SPT visit. In preparation for the visit, the SPT requested and was provided by the authorities
with extensive documentation of the legislation relating to deprivation of liberty as well as lists of places of deprivation of liberty. The
SPT wishes to express its appreciation for the good facilitation of the visit and for the excellent cooperation by the Swedish
authorities and the officials and staff working in the locations visited, and to thank the liaison officer, Ms. Li, for her efforts to that end.
B. Meetings at central level
10.The delegation held meetings at central level with many officials, and discussed with the senior officials and staff in establishments
visited and members of civil society. Furthermore, the delegation had a meeting with the Parliamentary Ombudsmen and the
Chancellor of Justice on the issue of National Preventive Mechanisms (NPMs). A full list of officials and others with whom the
delegation met can be found in Annex I.
C. Places of deprivation of liberty visited by the delegation
11.During the visit, the delegation reviewed the treatment of persons deprived of their liberty at different institutions, the safeguards
for their protection, and conducted private interviews with detainees. A full list of places of deprivation of liberty visited can be found
in Annex II.
D. Access
12.The delegation was granted unrestricted access to all the places it wished to visit and to information requested and had the
opportunity to interview persons deprived of their liberty in private, in full accordance with the OPCAT.