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ANNUAL REPORT ON THE PERFORMANCE OF ACTIVITIES OF THE NPM
N PM
1. INTRODUCTION
Recognising the importance of the universal fight against torture and other cruel, inhuman
or degrading treatment or punishment and taking into consideration Article 5 of the
Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil
and Political Rights, the General Assembly of the United Nations adopted in 1984 the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. Being of the opinion that it was necessary to take further measures to
eradicate such treatment from society, at its 57th session on 18 December 2002, the
General Assembly of the UN adopted the Optional Protocol to the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter
referred to as: OPCAT) which became effective on 22 June 2006. Up to June 2013, OPCAT
had been signed by sixty-eight Member States of the United Nations.
The aim of OPCAT is to establish a system of regular visits by independent international and
national bodies to places where persons are deprived of their liberty to prevent torture and
other cruel, inhuman or degrading treatment or punishment. For that purpose, under
OPCAT, a Subcommittee for the Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment was established (hereinafter referred to as: SPT). In
its work, SPT is governed by the principles laid down in the UN Charter and the UN rules
relating to the treatment of persons deprived of their liberty. All Member States have thus
bound themselves, within a year from the entry into force of the ratification of or accession
to OPCAT, to organising at the national level one or several bodies for paying regular visits
to places where persons are deprived of their liberty, whose target is to prevent torture and
other cruel, inhuman or degrading treatment or punishment. These mechanisms are called
National Preventive Mechanisms (hereinafter referred to as: NPMs). Although OPCAT does
not prescribe the method of establishing NPMs but rather leaves it to the decision of
individual Member States, they are required, when establishing this mechanism, to take
into consideration the principles governing the status of national institutions for the
promotion and protection of human rights, the so-called “Paris Principles”.
The Republic of Croatia ratified OPCAT on 5 April 2005 (“Official Gazette – International
Agreements” no. 2/05) and thus bound itself to maintaining the NPM and ensuring the
availability of the necessary means for the undisturbed performance of NPM activities
(Article 17 of OPCAT).
1.1 The Act on National Preventive Mechanisms Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
Pursuant to Article 93 of the Constitution of the Republic of Croatia (“Official Gazette” no.
85/2010), the Ombudsman is a commissioner of the Croatian Parliament for the promotion
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