UNCAT Ratification Tool
The CAT considers reports by each State party and addresses its concerns and recommendations to
the State party in the form of "concluding observations". In addition, the Committee may also, under
certain circumstances, consider individual complaints or communications from individuals or States,
and undertake confidential inquiries. Such inquiries are rare, but may be undertaken when the CAT
receives reliable allegations that torture is being systematically practised in a State party and may
include, with the agreement of the State party, a visit to its territory. Visits by the Committee are
characterised by their confidential character and the pursuit of cooperation with the State party
concerned.
The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (SPT) is the UN body established by the Optional Protocol to the UN Convention against
Torture (OPCAT), composed of 25 independent and impartial experts coming from different
backgrounds and from various regions of the world.27 The SPT is unlike other treaty bodies. It has a
purely preventive mandate aimed at the achievement of a sustained, proactive approach to the
prevention of torture and other ill‐treatment.
The work of the SPT may therefore be distinguished from the work of the CAT. The SPT is proactive,
maintaining a continuous dialogue with the State to offer forward‐looking recommendations aimed
at preventing violations from happening. While the CAT does have a preventive mandate, its work
also looks at reacting to allegations, promoting effective investigations, and ensuring accountability
for previous violations.
The SPT conducts visits to any place where people are or may be deprived of their liberty in any State
party to the OPCAT and makes confidential recommendations to authorities to better prevent
torture and other forms of ill‐treatment. Although these reports are confidential, States are
encouraged to make their reports public. The SPT also provides advice to States on the establishment
and functioning of National Preventive Mechanisms (below).
The OPCAT also establishes a system of regular visits to places of detention conducted by National
Preventive Mechanisms (NPMs). NPMs are established by each State party to the OPCAT in response
to the particular national context. Like the SPT, NPMs conduct visits to places of deprivation of
liberty, collect information and make recommendations to implement solutions which improve the
conditions of persons deprived of liberty, in a cooperative dialogue with the State authority
A number of regional anti‐torture mechanisms have also been established. The European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) was
established pursuant to the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment.28 In 2015, the CPT celebrated 25 years of operation.
In a similar way to the SPT, the CPT organises visits to places of detention, in order to assess how
persons deprived of their liberty are treated. After each visit, the CPT sends a detailed report to the
State concerned, including its findings and its recommendations. Principles of co‐operation and
confidentiality are also embodied in the working practices of the CPT. The Committee works in close
cooperation with the national authorities and its reports and the governments’ responses are
confidential until such time that the State chooses to make the report public.
A Committee for the Prevention of Torture in Africa (CPTA) was established by the African
Commission on Human and Peoples' Rights to offer assistance and advice to African States in the
implementation of the African Union's Guidelines and Measures for the Prohibition and Prevention
26
See http://www.ohchr.org/EN/HRBodies/CAT/Pages/CATIndex.aspx
See http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/OPCATIndex.aspx
28
See http://www.cpt.coe.int/en/
27
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