كلمة بكر ندياي، مدير شعبة مجلس حقوق الإنسان والإجراءات الخاصة، في حلقة النقاش "الآليات الوقائية الوطنية للبروتوكول الاختياري لاتفاقية مناهضة التعذيب وغيره من ضروب المعاملة أو العقوبة القاسية أو اللاإنسانيىة أو المهينة: تجربة تونس"

10 December 2013

Minister Samir Dilou, Minister of Human Rights and Transitional Justice,
Ambassador Anderazak Kilani, (PM of Tunisia),
SG Marc Thomson, (APT)
Distinguished representatives, ladies and gentlemen,

On behalf of the High Commissioner for Human Rights, I have the honour and privilege to extend a very warm welcome to you at this panel discussion organized by the Permanent Mission of Tunisia to the United Nations Office in Geneva in cooperation with the Office of the High Commissioner for Human Rights (OHCHR) and the Association for the Prevention of Torture (APT).

Historic steps in the fight against torture and other forms of ill-treatment have been made with the adoption of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by the United Nations General Assembly in December 2002, its entry into force in June 2006 and the establishment of the Subcommittee on Prevention of Torture (SPT) in February 2007.

It was my privilege to assist in the setting of the subcommittee as, the then, Director of the HRC and TB Division. OPCAT is premised on the belief that preventing torture and ill-treatment is facilitated when national and international bodies work collaboratively. In this regard I am delighted to participate in this panel together with the Government of Tunisia and the Secretary General of the APT.

By creating mechanisms to monitor places of detention, where torture and cruel and degrading treatment are frequently perpetrated, the Optional Protocol provides a practical approach to the eradication of this conduct, which complements existing reporting, inquiry and petition procedures established under the UN mechanisms. The Optional Protocol creates a two-pillar system, with regular visits to places of detention being conducted by the Subcommittee on Prevention of Torture, an international body, and by an independent national preventive mechanism (NPM), which must be established by the States parties within one year of ratification unless at the time of ratification a declaration has been made in accordance with Article 24 of the Optional Protocol. By including oversight by the NPMs, the Optional Protocol emphasizes that the implementation of human rights obligations is first and foremost a national responsibility, which should be overseen by impartial national protection systems.

The Office of the High Commissioner is privileged to have the role of supporting the Subcommittee on Prevention of Torture, including in its mandate to advise and assist States parties on the establishment of national preventive mechanisms, as well as assisting these mechanisms. We are also privileged to have the role of establishing and administering the Special Fund under article 26 of the Optional Protocol to help finance the implementation of the recommendations made by the Subcommittee.

As we know, the Optional Protocol entrusts the Subcommittee with a twofold mandate: a preventive monitoring role through visits to States parties on the one hand, and on the other assistance to national preventive mechanisms to strengthen their capacities to fulfil their monitoring function. As of today, the SPT has undertaken 26 field visits, namely 19 regular visits, 2 follow-up visits and 5 visits to advise the national preventive mechanisms.

In addition, as part of its core mandate to advise and assist the national preventive mechanisms, the SPT has developed guidelines on the establishment and operation of the NPMs as well as a self-assessment tool on NPMs. These guidelines and tool are of great importance in supporting and guiding the establishment process. The SPT continues to work with States parties, which are due to maintain, designate or establish NPMs. In addition, the SPT is interacting with the established NPMs themselves, some of which are already playing a key and even a pioneer-role in preventing torture in their own countries.

The OHCHR considers the national preventive mechanisms to be the ‘front line’ of torture prevention and the Subcommittee’s work with the NPM has led to tangible and positive changes in the prevention of torture at the national level.

In this regard the Office of the High Commissioner for Human Rights warmly welcomes the establishment of a national preventive mechanism in Tunisia following the ratification of OPCAT on 29 June 2011. It is my pleasure to mention that our Office in Tunisia, which was established two years ago, brought a meaningful assistance in support of the establishment of this national body. The OHCHR proactively took part in and accompanied a debate on the establishment of a NPM that was launched in February 2012 bringing together the most important actors from public institutions, such as the Ministry for Human Rights and Transitional Justice and national and international civil society organisations. Ms Suzanne Jabbour, the Vice-Chairperson of the SPT, has also attended some of the consultations on the establishment of the NPM in Tunisia. This debate continued through 2012 and 2013 leading to the adoption of a draft law establishing the National Authority for the Prevention of Torture (l’Instance Nationale de la Prévention de la Torture) by the National Constituent Assembly on 9 October 2013.

In this connection, one should also praise the role played by the representatives of civil society organisations, in particular the Association for the Prevention of Torture (APT), our panellist today, and the Organisation Mondiale Contre la Torture (OMCT).

The establishment of the national preventive mechanism is an important milestone in the on-going transition in Tunisia, and in particular in the effort to bring the country in line with international rule of law and human rights norms and standards and to get rid forever of the widespread use of torture that marked the dark years of its History.

Tunisia is the first country in the MENA region to create such a mechanism: Lebanon and Mauritania have ratified OPCAT but have not yet established National Preventive Mechanisms. I hope that the example of Tunisia will be followed by other countries in the MENA region and beyond.

On 1 November 2013, the SPT received an official notification about the designation of the National Authority for the Prevention of Torture as a National Preventive Mechanism in Tunisia as well as the copy of the Organic Law of 21 October 2013. The SPT has offered its advice and expertise in the establishment of the NMP, as provided for under article 11 (b) of the Optional Protocol. As we know, the National Constitutional Assembly of Tunisia has already launched a public call for membership in the National Authority for the Prevention of Torture. I would like to seize this opportunity and to underline the importance of ensuring open, transparent and inclusive selection process which shall involve a wide range of stakeholders, including civil society. Allow me mentioning also that according to the article 18 of the Optional Protocol the State party should guarantee the functional independence of the NPM as well as the independence of their personnel. Furthermore, as provided by the guidelines on the national preventive mechanisms, State should allow the NPM to visit all, and any suspected places of deprivation of liberty, as set out in Articles 4 and 29 of the Optional Protocol, which are within its jurisdiction. The national preventive mechanism must be provided with the necessary human and financial resources to allow it to effectively discharge its mandate.

As a final note I would like to draw your attention to the issue of reprisals and to remind that pursuant to article 15 of the Optional Protocol as well as paragraph 27of the guidelines on the national preventive mechanisms no authority or official should order, apply, permit or tolerate any sanction, reprisal or other similar measure to be suffered by any person or organisation for having communicated with the NPM or for having provided the NPM with any information, irrespective of its accuracy, and no such person or organisation should be prejudiced in any way.

To conclude, I would like to reiterate the readiness and the availability of the Office of the United Nations High Commissioner for Human Rights to support in the establishment of the national preventive mechanism in Tunisia with a view to evaluating the needs and the means necessary to strengthen the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.

I wish you a fruitful discussion and thank you for your attention.