Statement by Mrs. Mehr Khan Williams, United Nations Deputy High Commissioner for Human Rights- APT Panel Discussion to mark the entry into force of the OPCAT: A step forward for torture prevention

UNITED NATIONS

OFFICE OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS





22 June 2006, 1:00 pm – 3:00 pm
Palais des Nations – Room XI


Excellencies, Ladies and Gentlemen,


Today is a great day in the fight against torture. It is a privilege for me to say a few words on the entry into force of the Optional Protocol to the United Nations Convention against Torture and other Cruel and Degrading Treatment and Punishment.

The entry into force of the Optional Protocol in only 30 months after its adoption by the General Assembly on 18 December 2002 highlights the importance and critical need for this instrument. I want to express appreciation to the 20 States who have made it possible for the Optional Protocol to come into force, Albania, Argentina, Bolivia, Costa Rica, Croatia, Denmark, Georgia, Honduras, Liberia, Maldives, Mali, Malta, Mauritius, Mexico, Spain, Sweden, Paraguay, Poland, the United Kingdom and Uruguay. We must also acknowledge fully the dedication of the international and national non-governmental organizations and other parts of civil society, including national human rights institutions, whose activism and advocacy encouraged ratification. APT was at the forefront of these efforts and developed and disseminated the very helpful manual on the Protocol, which it produced in collaboration with the Inter-American Institute of Human Rights. I would like to express our gratitude to APT and its very able team for the work it has done, and will no doubt continue to do, to encourage early ratification of the Protocol.

By creating mechanisms to monitor places of detention, where torture and ill treatment are frequently perpetrated, the Optional Protocol provides a practical approach to their eradication, which complements existing reporting, inquiry and petition procedures, established by the Convention against Torture. The Protocol creates a two-pillar system, with regular visits to places of detention being conducted by the Subcommittee on Prevention, an international body, and independent national preventive mechanisms, which must be established by States parties within one year of ratification. The element of oversight by national mechanisms emphasizes that the implementation of human rights obligations is first and foremost a national responsibility which should be overseen by impartial national protection systems.

OHCHR is privileged to have the role of supporting the Subcommittee on Prevention to advise and assist States parties on the establishment of national preventive mechanisms and to assist these mechanisms. We are also privileged to be involved in the establishment and administration of the Special Fund to help finance the implementation of the recommendations made by the Subcommittee on Prevention.

APT has provided significant assistance to OHCHR in the lead-up to the entry into force of the Protocol by convening a series of expert meetings to discuss the support that the Subcommittee on Prevention will require, including in terms of human and financial resources. We have gained a better understanding of the mandate of the Subcommittee, and OHCHR staff is now better able to assess its needs. APT has also collaborated with OHCHR to develop a training course on the prevention of torture for national human rights institutions. This course relies on distance learning through a CD-ROM package, online discussions and e-mail tutorials conducted by APT staff, followed by a four-day seminar.

Now that the treaty has entered into force, our first task is to convene the first meeting of States parties to the Protocol to elect the members of the Subcommittee. Nominations will be called for in July. These members must have the necessary expertise to carry out the task of monitoring places of detention. The Protocol provides that States parties may nominate nationals from other States parties. I would urge NGOs and other parts of civil society to disseminate information about the criteria for membership contained in the Protocol so that the first Subcommittee benefits from the most qualified expertise.

Our Office has significant relevant expertise to draw from in supporting the Subcommittee, gained through our work with treaty bodies, and in particular, the inquiries initiated by the Committee against Torture, and the special procedures mandate holders. However, the Subcommittee will require specific support. The High Commissioner for Human Rights is committed to ensuring that this support is available and is especially conscious of the financial resources that will be necessary to carry out this function.

The first meeting of the Subcommittee will be convened in the early part of 2007 and we have been preparing to meet its requirements. We will continue to build a solid foundation for the work of the Subcommittee, particularly concerning its role with regard to national preventive mechanisms and the Special Fund. In this, we rely on your support and encouragement, so that the Optional Protocol is implemented properly in order to address effectively the structural causes of torture and cruel punishment and treatment.