What is the Optional Protocol to the UN

Convention against Torture?

 The OPCAT aims to prevent torture and other

ill-treatment by establishing a system in which
regular visits to all places of detention within
the jurisdiction and control of States Parties are
undertaken.
 Adopted by the United Nations General
Assembly in New York on 18 December 2002.
 Entered into force on 22 June 2006.
 As of January 2018, the Protocol has 75 signatories
and 87 parties.
 A further 15 states have signed but not ratified the
protocol.
 Under OPCAT, State Parties agree to establish an
independent National Preventive Mechanism
(NPM) to conduct inspections of all places of
detention and closed environments.
 State Parties also agree to international inspections
of places of detention by the United Nations
Subcommittee on the Prevention of Torture (SPT).
 Subcommittee on Prevention of Torture
 National Preventive Mechanisms
 State Parties
Subcommittee on Prevention Against Torture

The UN Subcommittee on Prevention of Torture’s is a UN

body established by the OPCAT. The SPT consists of 25
independent experts with multidisciplinary expertise
from different regions. They are elected by States
Subcommittee on Prevention Against Torture
Parties to the OPCAT.

Guided by core principles: confidentiality, impartiality,

non-selectivity, universality and objectivity. The OPCAT
is based on the principle of co-operation between the
SPT, each State Party and the NPMs.
Subcommittee on Prevention Against Torture
The mandate:
1. to visit places of detention in States Parties;
2. to advise and assist both States Parties and
National Preventive Mechanisms concerning their
establishment and functioning(see Article 11 of the
OPCAT);
3. to co-operate with other international, regional
and national organizations and institutions working
to strengthen protections against torture and ill-
treatment.
 National Preventive Mechanisms
 National Preventive Mechanisms are national
detention monitoring bodies, set up by the States.
They have multidisciplinary expertise and should be
functionally independent bodies with financial
autonomy.
 The States decide on the most appropriate structure
for the NPMs, according to their national context.
They can set up NPMs within one or more existing
institution, or establish new specialized bodies.
 What do NPMs do?
 Conduct visits to any place of detention at any time;
 Review and comment on laws, policies and practices
relating to deprivation of liberty.
 Identify root causes of torture and other forms of
ill-treatment.
 Make recommendations where concrete solutions
are given to the authorities;
 Establish dialogue and cooperation with authorities
on the implementation of their recommendations.
 Maintain direct, and if necessary confidential,
contact with the SPT.
 What are States Parties’ obligations under
the OPCAT?
1. to establish, designate or maintain an NPM (or NPMs);
2. to open up all places of detention under its jurisdiction
and control to external scrutiny by its NPM(s) and the
SPT;
3. to facilitate contact between its NPM(s) and the SPT;
4. to provide information to its NPM(s) and the SPT on
domestic detention procedures and preventive
measures;
5. to consider the recommendations of its NPM(s) and the
SPT;
6. to cooperate with its NPM(s) and the SPT; and
7. to publish the annual reports of its NPM(s).
1. It emphasizes prevention;
2. It combines complementary international
and national efforts;
3. It emphasizes cooperation, not
condemnation;
4. It establishes a triangular relationship
between the OPCAT bodies and States
Parties.
PREAMBLE
The States Parties to the present Protocol,
Reaffirming that torture and other cruel, inhuman or degrading treatment
or punishment are prohibited and constitute serious violations of
human rights,
Convinced that further measures are necessary to achieve the purposes of
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (hereinafter referred to as the Convention) and
to strengthen the protection of persons deprived of their liberty against
torture and other cruel, inhuman or degrading treatment or punishment,
Recalling that articles 2 and 16 of the Convention oblige each State Party
to take effective measures to prevent acts of torture and other cruel,
inhuman or degrading treatment or punishment in any territory under
its jurisdiction,
Recognizing that States have the primary responsibility for implementing
these articles, that strengthening the protection of people deprived of
their liberty and the full respect for their human rights is a common
 responsibility shared by all, and that international implementing bodies
complement and strengthen national measures,
Recalling that the effective prevention of torture and other cruel, inhuman
or degrading treatment or punishment requires education and a
combination of various legislative, administrative, judicial and other
measures,
Recalling also that the World Conference on Human Rights firmly declared
that efforts to eradicate torture should first and foremost be
concentrated on prevention and called for the adoption of an optional
protocol to the Convention intended to establish a preventive system of
regular visits to places of detention,
Convinced that the protection of persons deprived of their liberty against
torture and other cruel, inhuman or degrading treatment or punishment
can be strengthened by non-judicial means of a preventive nature,
based on regular visits to places of detention,
Have agreed as follows (…)
 Parts of the
I. General Principles (Arts. 1-4)
II. Subcommittee on Prevention (Arts. 5-10)
III. Mandates of the SPT (Arts. 11-16)
IV. National Preventive Mechanisms (Arts. 17-23)
V. Declaration (Art. 24)
VI. Financial Provisions (Arts. 25 & 26)
VII. Final Provisions (Arts. 27-37)
 The Philippines acceded to the OPCAT in 2012 with a declaration under Article 24
of the OPCAT, becoming the first country to postpone the implementation of Part III
of the OPCAT, related to the in-country visits of the SPT.
 Discussion on the designation of the NPM is ongoing since 2008. Several options are
being considered, including designating the National Human Rights Commission as
NPM or giving it a specific role under the OPCAT. The Philippines received a
number of recommendations during its UPR in July 2017 calling on the State to
establish the NPM and strengthen its efforts towards torture prevention. The
Philippines noted this recommendations, but did not commit to taking further steps in
this regard.
 The SPT visited the Philippines from 25 May to 3 June 2015. The report has not
been made public yet. In addition to this, the SPT included the Philippines on a list
of countries that have not complied with Art. 17 of the OPCAT which refers to the
obligation to maintain, designate or establish an independent NPM. This list was
presented before the General Assembly in Setember 2017.
 The SPT member Marija Definis-Gojanovic is the SPT Focal Point for the Philippines.