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Jakarta, Indonesia July 2006

Association for the Prevention of Torture Association pour la prévention de la torture Asociación para la prevención de la tortura. Optional Protocol to the UN Convention against Torture. Jakarta, Indonesia July 2006. The culmination of a long process. A man and an idea: Jean-Jacques Gautier

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Jakarta, Indonesia July 2006

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  1. Association for the Prevention of Torture Association pour la prévention de la tortureAsociación para la prevención de la tortura Optional Protocol to the UN Convention against Torture Jakarta, Indonesia July 2006

  2. The culmination of a long process • A man and an idea: Jean-Jacques Gautier • Inspired by the ICRC • Preventing torture and ill-treatment through regular visits to places of detention • 1980 : first draft proposed by Costa Rica

  3. The culmination of a long process • 1984: adoption of the UN Convention against Torture • 1987: adoption of the European Convention for the Prevention of Torture • 1989: Committee for the Prevention of Torture (CPT) established • 1992: establishment of a working group by the UN Commission on Human Rights

  4. The culmination of a long process • 2001: Mexico’s introduction of NPMs led to historic compromise: • International Subcommittee • National visiting mechanisms (NPM) • 2002: Adoption of OPCAT • Commission on Human Rights • ECOSOC • General Assembly (127 in favor, 42 abstentions, 4 against)

  5. What is the OPCAT • New UN Treaty: reinforce existing international legal framework against torture • Establishes a system of periodic visits to places of detention • Objective: prevent torture and ill treatment

  6. Regular and independent visits have several functions • Preventive functions / a deterrent effect • Immediate reaction to problems • Documentation / report and follow up • Establish a dialogue with authorities

  7. An innovative treaty • Not based on the idea of denunciation • Different to existing visiting mechanism: SRT; CAT • No Reservations • A two-pillar system

  8. The « two-pillar » system UN Subcommittee on Prevention + National Preventive Mechanisms

  9. UN Subcommittee on Prevention • 10 members • Elected by States Parties • Relevant experience required • First meeting in February 2007

  10. SPT’s functions • visits to ALL places of detention (4, 5 years) • without prior notice, nor invitation • adopt report and recommendations (confidential) • provide advice to States on NPMs

  11. SPT’s powers • Access to all information • Access to all places of detention and all facilities • Possibilities to have interviews in private • Protection of persons in contact with visitors • Liberty to choose • the places to be visited • the persons to speak to

  12. Follow-up to Visits • Recommendations • Constructive dialogue with authorities • Confidential report • Two exceptions to confidentiality : • State Party consent to publicise • Failure to co-operate

  13. National Preventive Mechanisms • Created or designated by States Parties • 1 or several bodies • New or existing • 1 year

  14. NPM’s functions • regular visits to ALL places of detention • report and recommendations (pubilc) • recommendations on legislative reforms • relations with the SPT

  15. NPM’s powers • Access to all information • Access to all places of detention and all facilities • Possibilities to have interviews in private • Protection of persons in contact with visitors • Liberty to choose • the places to be visited • the persons to speak to

  16. NPM : the added value • More regular visits • Better knowledge of national situation • Flexibility (type and number) • Similar rights of access to places of detention and persons than SPT • No requirement for confidentiality

  17. Voluntary Fund • Dedicated to the national implementation of recommendations of Subcommittee • Education programmes of NPMs

  18. International campaign: 2007 and beyond • Entry into force 22 June 2006 • 20 ratifications were required • As of July 2007: • 34 States have ratified • 31 States have signed but not yet ratified

  19. International campaign: 2007 and beyond • Europe and Latin America: 26 States parties • Focus on Africa, Asia and Middle East • Asia-Pacific: • Cambodia, the Maldives and New Zealand • Timor-Leste signed in 2005 • Indonesia, the Philippines and the Republic of Korea have pledged to ratify

  20. International campaign: 2007 and beyond • Networking with other international actors • Commonwealth Secretariat HR Unit • Asia-Pacific Forum of NHRIs • Office of the UN High Commissioner for Human Rights • Other international NGOs (ex.: Penal Reform International, Amnesty International, FORUM-ASIA)

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