Book

The Optional Protocol to the UN Convention Against Torture

Rachel Murray, Elina Steinerte, Malcolm Evans and Antenor Hallo de Wolf

Published in print August 2011 | ISBN: 9780199602193
Published online September 2011 | e-ISBN: 9780191729485 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199602193.001.0001
The Optional Protocol to the UN Convention Against Torture

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The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons relevant for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances which have similar provisions concerning national mechanisms.

Keywords: torture; visits; United Nations; prevention; human rights; detention; deprivation of liberty; OPCAT

Book.  241 pages. 

Subjects: Public International Law

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Table of Contents

The Origins and Background of OPCAT in The Optional Protocol to the UN Convention Against Torture

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Drafting OPCAT—Towards Deadlock: 1991–2000 in The Optional Protocol to the UN Convention Against Torture

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The Text of OPCAT in The Optional Protocol to the UN Convention Against Torture

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The Scope of OPCAT in The Optional Protocol to the UN Convention Against Torture

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The Role of the Subcommittee on Prevention of Torture (SPT) in The Optional Protocol to the UN Convention Against Torture

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The Role of NPMs in The Optional Protocol to the UN Convention Against Torture

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OPCAT within the Broader UN and Regional Systems in The Optional Protocol to the UN Convention Against Torture

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Regional Trends towards Ratification and Implementation of OPCAT in The Optional Protocol to the UN Convention Against Torture

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Conclusion: Emerging Trends and the Future of OPCAT in The Optional Protocol to the UN Convention Against Torture

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