GENEVA (3 December 2014) – Countries that have ratified a key legal protocol that allows UN experts unannounced and unhindered access to places of detention are obliged to co-operate with such visits, the UN Subcommittee on Prevention of Torture (SPT) has reminded States. 

“From time to time we have experienced some difficulties in carrying out our mandate, so we are clarifying and reaffirming the obligations States parties have, and how we and they can address any such difficulties. The main thing is that States continue to co-operate with the SPT to prevent torture and ill-treatment,” said SPT Chair Malcolm Evans.

When a State ratifies the Optional Protocol to the Convention against Torture (OPCAT), it is agreeing to a range of obligations, including unannounced and unhindered access to all places where people are deprived of their liberty, Mr Evans noted.

“The obligations also include sharing all the necessary information and documentation that the SPT requests, both before and during the visit and allowing private interviews with detained persons,” he said.  States are also obliged to establish a national independent body known as a National Preventive Mechanism to monitor places of detention. There are currently more than 50 States with NPMs worldwide.

 “It is rare that a State does not co-operate with us and fulfil its obligations under OPCAT. But when this does happen, it can seriously undermine our work. Visiting places of detention is an essential and unique part of the SPT’s mandate,” Mr Evans stressed.

Since the Optional Protocol came into force in 2006, the SPT has visited 31 countries, with a further nine visits planned for 2015.

“We welcome the reception we generally receive but we felt it was necessary to stress how important engagement and co-operation with us is to carry out the important work of preventing torture and ill-treatment of persons deprived of their liberty,” Mr Evans concluded.

ENDS

Background: The Optional Protocol on the Prevention of Torture has to date been ratified by 76 countries. At the end of a country mission, the SPT communicates its recommendations and observations to the State by means of a confidential report, and if necessary to NPMs. States parties are encouraged to request that the SPT makes these reports public.

Find out more about the Optional Protocol: http://www2.ohchr.org/english/bodies/cat/opcat/index.htm

For more information about the Subcommittee on Prevention of Torture: http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/OPCATIndex.aspx

For media inquiries, please contact Liz Throssell, +41 (0) 22 917 9466/ ethrossell@ohchr.org