CAT/C/63/4
with articles 12 and 14 of the Optional Protocol, article 16 (4) provides a route for this to be
formally addressed jointly with the Committee against Torture.
57.
It is for the Subcommittee to determine, based on the facts of the situation, whether
the State party has failed to cooperate within the meaning of article 16 (4). Where the
Subcommittee does make such a determination, which of necessity will have included
providing the State party in question with the opportunity to address or rectify the situation,
the Subcommittee may seize the Committee against Torture of the situation, in accordance
with article 16 (4), so that it may, after the State party has been allowed an opportunity to
make its views known, add its voice by either making a public statement on the issue,
publishing the report of the Subcommittee, or both.
58.
Naturally, the Subcommittee hoped never to have occasion to activate article 16 (4).
Nevertheless, during the reporting period the Subcommittee has for the first time explored a
country situation with the Committee against Torture within the framework of article 16 (4).
The State in question, further to its having made representations to the Committee,
subsequently addressed the immediate concerns of the Subcommittee and, by agreeing to
make the visit report public, rendered further consideration within the framework of article
16 (4) unnecessary. Naturally, the more general dialogue between the Subcommittee and
the State party in question continues.
D.
Looking forward
59.
In addition to its visiting mandate, the Subcommittee wishes to emphasize the
importance it places on offering advice and assistance to States parties, national preventive
mechanisms and, upon request, to signatories and others, including other United Nations
agencies and mechanisms, concerning the Optional Protocol and prevention of torture.
60.
However, there are limits to what can be done, given the limited human and
financial resources currently available to the Subcommittee. In particular, at the end of the
reporting period, the levels of staffing and the pressure on staff and members, is as acute as
it has ever been. As a result, and with great regret, the Subcommittee recognizes that it is
not possible to continue its current level of work and will have to undertake fewer visits
during the coming period. It is the first time the Subcommittee has had to retrench in this
way, and it marks a failure of the international community to properly support the work of
preventing torture, which is lamentable.
61.
The Subcommittee is committed to its mandate. It will therefore seek to work
creatively, as it has done in the past, in order to ensure that its ability to carry out its own
preventive visiting, undertake effective dialogue, advise and assist States in the
establishment of national preventive mechanisms and support those mechanisms in their
vital work. That will include further review and potential revision of current approaches
and working practices, including exploring the operational implications of articles 16 (4)
and 31 of the Optional Protocol.
E.
Plan of work
62.
The Subcommittee has already announced visits to Belize, Burundi, Kyrgyzstan,
Liberia, Poland, Portugal, Senegal and Uruguay in the coming months. Further
announcements will be made following its future sessions.
11