10
The Optional Protocol to the Convention against
Torture (OPCAT)
The Optional Protocol to the UN Convention against
Torture was adopted by the UN General Assembly
in 2002, and entered into force in 2006. Its objective
is to protect people who are deprived of their liberty.
People who are deprived of their liberty find themselves in a particularly vulnerable situation, and face
an increased risk of torture and other cruel, inhuman
or degrading treatment or punishment.
The Optional Protocol was founded on a desire to
increase the effort to combat and prevent torture
and inhuman treatment. OPCAT therefore stipulates
new working methods to strengthen these efforts.
States that endorse the Optional Protocol are obliged
to establish or appoint one or several national
preventive mechanisms (NPMs) to regularly carry out
visits to places where people are, or may be, deprived
of their liberty, in order to strengthen their protection
against torture and ill treatment.
The NPMs should make recommendations to improve
the protection of persons deprived of liberty. They can
also make comments on laws and regulations and
propose reform.
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2018
The NPMs must be independent of the authorities
and places of detention, have the resources they
require at their disposal, and have employees with
the necessary competence and expertise.
The Optional Protocol has also established an international body that works in parallel with the national
preventive mechanisms, the UN Subcommittee on
the Prevention of Torture (SPT). The SPT can monitor
conditions in detention and treatment of persons
deprived of their liberty through country visits to
states that have ratified the Optional Protocol. The
SPT's mandate also includes providing advice and
guidance to the National Preventive Mechanisms.
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The objective of the NPM
is to prevent torture and
other cruel, inhuman
or degrading treatment
or punishment.
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