Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
During the country visit, the SPT makes unannounced visits to particular places of detention. The aim
is to analyse the root causes of torture and ill-treatment, identify indicators that may point to possible
future abuses and discuss possible safeguards.
Following the country visit, the Subcommittee drafts a report which includes observations and
recommendations. The SPT submits the report in confidence to the State, requesting a written
response within 6 months of its receipt. This then triggers further dialogue regarding the implementation
of the SPT’s recommendations. The SPT visit reports are confidential, although State Parties are
encouraged to make them public.
If a State fails to cooperate, the Subcommittee on Prevention of Torture can ask the Committee
against Torture to make a public statement or to publish the report.
The Subcommittee also publishes an annual report, which is publicly available.
The Optional Protocol also provides for the Subcommittee on Prevention of Torture to cooperate with
international and regional bodies in its work.
4.1.2. National Preventive Mechanisms
A State that has ratified the Optional Protocol is required to designate or establish one or several
National Preventive Mechanisms (NPMs). The Optional Protocol contains no specific requirement or
guidance regarding the structure of NPMs. There are, however, a number of key requirements set out
in the OPCAT with which NPMs need to comply.
A State may therefore:
• set up an entirely new specialised institution, or
• designate an existing body (for example, the NHRI or Ombuds Institution), or
• designate several mechanisms, which can include existing or new bodies.
Chapter 10 provides a detailed analysis of some of the issues faced by NHRIs that are
designated as a NPM.
NPMs have a mandate to conduct regular, unannounced visits to all places where persons are
deprived of their liberty. They can also present observations on draft or existing legislation relevant to
the prevention of torture. NPMs are also required to prepare an annual report of their activities, which
should be made public and disseminated by the authorities.
NPMs should be independent from the State and its authorities, both from a financial and a functional
point of view. NPMs should also have a multidisciplinary composition and include expertise from a
range of fields relevant to deprivation of liberty. They should also be gender-balanced and include
representatives of ethnic and minority groups.
4.1.3. Powers to visit places of detention
For the first time in an international treaty, the Optional Protocol provides powers and guarantees
for NPMs and the Subcommittee on Prevention of Torture to carry out visits to places of deprivation
of liberty.
Under the Optional Protocol, both the Subcommittee and NPMs have the authority to visit any place
where persons are deprived of their liberty, such as:
• prisons
• police cells
• pre-trial detention centres
• juvenile detention centres
• administrative detention centres
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