Part II: Preventing torture: NHRIs in action
2.3. Interaction between designated NPMs and the Subcommittee on Prevention of
Torture
The Optional Protocol provides for direct and confidential contact between the Subcommittee
on Prevention of Torture and NPMs. When designated as the NPM, NHRIs can interact with the
Subcommittee in several ways.
Cooperation in the framework of SPT visits: NHRIs designated as NPMs can have direct and
confidential contact with the SPT before, during and after its visit to the country.
Before an SPT visit, NPMs can provide background information to the SPT on particular risks, places
and themes relating to detention in the country to better inform the SPT visit programme. The NPM may
also provide information to the SPT in relation to its own functioning, powers and budget.
NPMs usually meet with the SPT at the start and during the visit, in order to discuss precise plans and
priorities. The NPM and the SPT may also conduct visits together to places of deprivation of liberty.
The NPM may also be invited by the SPT to participate in the final discussion with the authorities, in
addition to a meeting between the SPT and the NPM alone.
NPMs can follow-up on SPT visits, both immediately and over the longer term. They can play an important
role in prevention of reprisals, including by going back to the places that were visited by the SPT and
conducting interviews and other monitoring activity with this specific purpose in mind. Over the longer
term, the NPM plays an important role in encouraging the state to make the visit report public and, if the
SPT report is made public, in monitoring the implementation of SPT recommendations.
Interaction with the SPT in its advisory capacity: Article 11 of the OPCAT also sets out an important
role for the SPT to provide advice, technical assistance and training on the NPM establishment and
functioning, beyond SPT visits. This includes meetings with NPMs during SPT sessions in Geneva
(both face to face or via video-conference); participation by SPT members in NPM national or regional
activities; and ongoing written and oral communication. The SPT also provides advice to NPM without
direct contact, by providing general guidance and recommendations on NPM functioning.
NPMs can update the SPT in relation to issues related to state compliance with OPCAT obligations,
thematic issues or developments in detention, which can inform SPT plans for future visits. It is also
common practice for NPMs to share their annual reports with the SPT, who post them publicly on
their website.
SPT advice on COVID-19
Following the outbreak of the COVID-19 pandemic in 2020, the SPT
has provided written guidance127 related to:
• the NPMs’ mandate in places where persons are held in
compulsory quarantine for reasons of public health protection;
127
Subcommittee on Prevention of Torture, Follow-up to the first advice of the Subcommittee to States parties and
Preventive Mechanisms relating to COVID-19 pandemic, CAT/OP/12, 18 June 2021; Protocol for National Preventive Mechanisms undertaking on-site visits during the coronavirus disease (COVID-19) pandemic, CAT/OP/11,
10 June 2021; Advice of the Subcommittee to States parties and National Preventive Mechanisms relating to the
coronavirus disease (COVID-19) pandemic, CAT/OP/10, 7 April 2020; Advice on compulsory quarantine for Coronavirus-COVID-19, CAT/OP/9, 31 March 2020.
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