CHAPTER 1.
MANDATE OF THE NATIONAL PREVENTIVE MECHANISM
BASED ON THE OPCAT
1.1. Requirements of the OPCAT
In 2016, the Commissioner continued the relevant work as an institution,
designated to function as a national preventive mechanism (NPM) provided
by the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT).
This is known that the main objective of the OPCAT1 is to establish a
system of regular visits undertaken by independent International and
national bodies to places where people are deprived of their liberty2, in order
to prevent torture and other cruel, inhuman or degrading treatment or
punishment. The OPCAT emphasizes taking preventive measures from the
standpoint of importance of the constructive dialogue and giving reaction to
regulating relations. The innovativeness of the OPCAT also appears in
envisaging no new rights or standards or the restoration of violated rights
but the prevention of the violation of the existing standard – the right to not
be subjected to torture.
The establishment of independent and regular visits system as of the
most advantageous way for prevention of torture with the aim to monitor the
treatment of people detained in all places of deprivation of liberty and
detention conditions is the principle idea mentioned in this document. In
accordance with the OPCAT, international and national bodies with a
torture prevention mandate – the Subcommittee and the National Preventive
Mechanisms (NPMs) – are set up. The Subcommittee of the UN against
Torture established at the international level is a new generation treaty body
of the UN.
Pursuant to requirements of the Article 17 of the OPCAT, each State
Party shall maintain, designate or establish, at the latest one year after its
entry into force or of its ratification or accession, one or several independent
national preventive mechanisms for the prevention of torture at the domestic
level. The NPM’s mandate consists of at the very least the following:
1
The Optional Protocol to the Convention Agaist Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment was adopted by the UN General Assembly Resolution
No. 57/199 dated December 18, 2002, and entered into force after being ratified by 20
States on June 22, 2006.
2
According to the paragraph 2 of the Article 4 of the OPCAT deprivation of liberty means
any form of detention or imprisonment or the placement of a person in a public or private
custodial setting which that person is not permitted to leave at will by order of any judicial,
administrative or other authority.
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