The Optional Protocol to the UN Convention

The Optional Protocol to the UN Convention Against Torture(OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

Rachel Murray is Professor of International Human Rights Law at the University of Bristol and Director of its Human Rights Implementation Centre.

Dr Elina Steinerte is a Research Associate at the Human Rights Implementation Centre of the University of Bristol.

Professor Malcolm Evans is Professor of International Law at the University of Bristol.
Antenor Hallo de Wolf is based at the University of Groningen.

Table of Cases	p. xv
Table of Treaties	p. xvii
List of Abbreviations	p. xix
The Origins and Background of OPCAT	p. 1
Introduction	p. 1
The Origins of the Optional Protocol	p. 6
The European Convention for the Prevention of Torture	p. 10
Drafting the ECPT	p. 10
The work of the CPT and some implications for the drafting of OPCAT	p. 18
Drafting OPCAT_ Towards Deadlock: 1991-2000	p. 22
The Return to the UN and its Consequences	p. 22
The Principal Points of Agreement Prior to the 2001 Session and Their Place in the Final Text	p. 27
The Principal Points in Dispute Prior to the 2001 Session	p. 31
The visiting programme	p. 32
Restrictions on access to persons in, or to places of, detention	p. 35
The aftermath of a visit or mission	p. 36
Reservations	p. 37
An Assessment of the Overall Situation	p. 38
The Text of OPCAT	p. 39
The 2001 Session: New Ideas and New Controversies	p. 40
The Mexican Draft	p. 40
The EU proposals	p. 43
The Chair's Compromise Text: The Optional Protocol and What It Requires of States	p. 45
The Subcommittee and its visiting mandate	p. 48
The National Preventive Mechanisms	p. 53
Conclusion	p. 57
The 'What' and the 'With What' Questions	p. 57
The'Concept of prevention'	p. 58
Standards	p. 63
The Scope of OPCAT	p. 68
'Deprived of liberty'	p. 69
Public and Private: either by virtue of an order given by a public authority or at its instigation or with its consentor acquiescence', Article 4(1)	p. 70
are or may be deprived installations and facilities'	p. 73
any place/all places of detention'	p. 73
Prisons, police, and pre-trial facilities	p. 73
Refugee, asylum, and immigration centres	p. 74
Military detention facilities	p. 75
Mental health institutions	p. 75
Care homes, foster homes, older persons, and other places	p. 76
under its jurisdiction or control	p. 77
Nationally	p. 78
Extra-territoriality	p. 79
Article 14(2) Objection to a Visit by the SPT	p. 81
Some Core Issues	p. 82
Different approaches and requirements	p. 82
Expertise	p. 83
Coordination	p. 85
Consistency in standards	p. 87
Conclusion	p. 89
The Role of the Subcommittee on Prevention of Torture (SPT)	p. 90
The Membership of the SPT	p. 92
The Interpretation of Its Own Mandate and Rules of Procedure	p. 95
Pillar I: Visits to States Parties	p. 97
Selection of the countries: criteria, types of visits, and frequency	p. 97
Content of the visit: choosing places of deprivation of liberty to be visited	p. 102
Preventive approach and visits	p. 103
Outcomes of a visit: the ongoing dialogue and follow-up	p. 105
Pillar II: work with the NPMs	p. 108
SPT as adviser to the NPMs	p. 111
Pillar III: Cooperation with Other UN and International and Regional Bodies	p. 112
Challenges Noted by the SPT	p. 112
Conclusionp113
The Role of NPMs	p. 115
Introduction'	p. 115
Visiting Powers and Mandate	p. 117
Independence	p. 119
Factors within the control of the State	p. 120
Factors within the control of the NPM itself	p. 124
Accountability and the Relationship with the SPT	p. 128
NPMs Should Ensure States Comply with the UNCAT and Other Relevant Legal Standards	p. 132
As a Forerunner to SPT Visits; Continuation of CPT Nationally; as a Small SPT on the Ground	p. 133
Have Expertise	p. 134
Large Expectations and Role Not Always Clear	p. 136
Additional Factors for an Effective NPM	p. 136
Conclusion	p. 137
OPCAT within the Broader UN and Regional Systems	p. 139
OPCAT and the Convention Against Torture	p. 139
Engagement with Other UN Bodies	p. 143
Engagement with Regional and Other Bodies	p. 146
Some Common Issues	p. 155
Confidentiality	p. 155
Standards/norms	p. 156
The need for consistency in engagement with NPMs	p. 157
Conclusion: The Need for Systematic and Strategic Engagement	p. 159
Regional Trends towards Ratification and Implementation of OPCAT	p. 162
Reasons For and Against Ratification	p. 162
The Added Value of Being Parties to OPCAT	p. 168
Trends in the Choices for NPMs	p. 170
Some Concluding Thoughts	p. 172
Conclusion: Emerging Trends and the Future of OPCAT	p. 174
Expansion of Membership of OPCAT	p. 175
Expertise on OPCAT	p. 176
A 'System' of Prevention Through Visits	p. 177
Budget and Financial Resources	p. 178
Standards and Accommodating Regional Differences	p. 179
Influence and Lessons for Other Treaties	p. 180
Conclusion	p. 183
Appendices
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment	p. 184
Rules of Procedure of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment	p. 195
Guidelines of the Subcommittee on Prevention of Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment in relation to Visits to States Parties	p. 205
Preliminary Guidelines for the Ongoing Development of National Preventive Mechanisms	p. 212
Guidelines on National Preventive Mechanisms	p. 214
The approach of the Subcommittee on Prevention of Torture to the concept of prevention of torture and other cruel, inhuman or degrading treatment or punishment under the Optional Protocol to the Convention against Torture and. Other Cruel, Inhuman or Degrading Treatment or Punishment	p. 218
Members of the Subcommittee on Prevention of Torture (SPT) as at January 2011	p. 222
Chronology of States Visited by the SPT	p. 223
Bibliography	p. 224
Index	p. 237
Table of Contents provided by Ingram. All Rights Reserved.

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The Optional Protocol to the UN Convention Against Torture

Summary

Author Biography

Table of Contents

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