Part II: Preventing torture: NHRIs in action
NHRIs also have a role to raise public awareness of the outcome of complaints at the national level
and to disseminate case law to legal and judicial stakeholders. In addition, NHRIs should closely
monitor the implementation of the decisions and judgements by the authorities.
4. Visiting mechanisms
Most international mechanisms are reactive and intervene only after torture or ill-treatment has
already occurred. Recently, however, mechanisms have been established that perform an important
preventive role, especially through a system of visits by independent experts to places of detention.
4.1. Optional Protocol to the Convention against Torture
The Optional Protocol to the Convention against Torture was adopted by the United Nations General
Assembly in December 2002 and came into force in June 2006.
The Optional Protocol establishes a system of regular visits to all places of detention undertaken by
two types of mechanisms:
• the Subcommittee on Prevention of Torture
• National Preventive Mechanisms (NPMs) established in each State that has ratified the Optional
Protocol.
The Optional Protocol breaks new ground in the human rights system for three main reasons.
Firstly, the emphasis is placed firmly on prevention, through a proactive system of visits to place of
detention, rather than reacting once violations have occurred.
Secondly, it establishes a complementary approach between preventive efforts at the international
and the national level, creating an innovative “triangular” relationship between State authorities, the
Subcommittee on Prevention of Torture and the NPM.
Finally, the approach is based on working cooperatively with States to prevent violations and to
improve the protection of persons deprived of their liberty, rather than on public condemnation. States
are required 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 (SPT) is an expert body composed of 25 independent
members. The Subcommittee has a dual mandate to monitor conditions of detention and treatment
of persons deprived of their liberty through country visits in States that have ratified the OPCAT and
to provide advice and assistance on OPCAT implementation, in particular regarding the establishment
and functioning of National Preventive Mechanisms in States Parties.
One of the innovative features of the OPCAT is that the SPT can carry out country visits to States Parties
and access places of deprivation of liberty and relevant information without the prior authorization
of the State. It can also carry out interviews in private with persons deprived of liberty and any
other person.
During these visits, the Subcommittee engages 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.
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