Jakarta, Indonesia

1

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

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 Mexicos 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
SPTs 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
SPTs 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
NPMs functions

• regular visits to ALL places of detention
• report and recommendations (pubilc)
• recommendations on legislative reforms
• relations with the SPT

15
NPMs 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)