Preventing Torture An Operational Guide for National Human Rights Institutions
to enter into an ongoing dialogue with both the Subcommittee and the NPM on the implementation of
recommendations.
Given the importance of the Optional Protocol in the field of torture prevention, chapter 10 deals
specifically with the issue of NHRIs and the Optional Protocol. The following information provides some
introductory information about the Optional Protocol.
4.1.1. The Subcommittee on Prevention of Torture
The Subcommittee on Prevention of Torture is an expert body composed of 10 independent members,
although the number of members will increase to 25 in October 2010.37
The Subcommittee has a dual mandate to visit places of detention in States that have ratified the Optional
Protocol and to provide advice and assistance regarding the establishment of NPMs in those countries.
One of the innovative features of the Optional Protocol is that the Subcommittee can carry out country
visits and inspect places of detention without the prior authorization of the State.
During these visits, the Subcommittee will engage in dialogue with State authorities and with the NPM
with a view to strengthening the protection of persons deprived of their liberty from torture and illtreatment. Country visits also provide a unique opportunity for the Subcommittee to engage directly with
other relevant national actors, in particular NHRIs and civil society.
During the country visit, the Subcommittee on Prevention of Torture will make 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 will draft a report and prepare recommendations, which
are submitted in confidence to the Government. States can, however, authorize the publication of the
Subcommittee’s report. For instance, the Subcommittee on Prevention of Torture visited the Maldives in
December 2007 and the Government made the Subcommittee’s report public immediately after receiving
it in February 2009. Sweden, which the Subcommittee visited in April 2008, authorized publication of the
report in July 2008, as well as publishing its reply to the Subcommittee (January 2009).
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. In its first annual report,
adopted in 2008, the Subcommittee provided an overview of its activities and prepared “Preliminary
guidelines for the ongoing development of national preventative mechanisms”.
The Optional Protocol also provides for the Subcommittee on Prevention of Torture to cooperate with
international and regional bodies in its work.
Watch
Go to the Preventing Torture CD-Rom to watch Victor Rodriguez Rescia,
Chair of the Subcommittee on Prevention of Torture, discussing the
Optional Protocol to the Convention against Torture and the role of the
Subcommittee.
Click on ‘Feature materials’ and then select ‘Item 11 – The role of the
Subcommittee on Prevention of Torture.’
37
Article 5.1 of the Optional Protocol provides that the number of members of the Subcommittee increases to 25 following ratification
by 50 States parties. This occurred in September 2009 when Switzerland ratified the Optional Protocol.
78 | Chapter 7: Cooperating with international mechanisms