NHRIs and OPCAT

ICC meeting, March 2012

Association for the Prevention of Torture Association pour la prévention de la torture Asociación para la prevención de la tortura

APT/OHCHR/ APF Guide

Presentation based on:

Preventing Torture:Operational guide for

NHRIs With an interactive

CDRom/DVD

OPCAT status

62 States Parties 22 Signatories

NHRIs and OPCAT

1. Advocacy for OPCAT ratification2. Participation in NPM designation

process3. NHRI as NPM4. Role on non-NPM Ombudsmen

Designation processes

NPM designation

Each State Party shall designate or establish one or several independent National Preventive Mechanisms for the prevention of Torture at the domestic level

Art. 17 OPCAT

Role of NHRI in NPM designation process

• Open, inclusive and participatory process

• Mapping existing visiting mechanisms and their compliance with OPCAT

• NHRI can conduct an in-depth self-assessment of their compliance and capacity (Rabat Declaration)

• Participation in OPCAT Working Group or OPCAT Coalition

NPM Designated39 NPM designated 28 NPM

operational

NPM Options10 New body20 NHRI5 “Ombudsman +”4 Multiple NPM

NHRIs as NPM

NHRIs as NPM - Options

• NHRIs in formal cooperation with civil society

• NHRIs as part of multiple bodies• NHRI as sole NPM

NHRI in formal cooperation with civil society

Advantages- Use of existing expertise- Response to limited resources- Increased legitimacy

Challenges- Roles and responsibilities of civil

society - Privileges and immunities - Role of NGOs outside the NPM

NHRI as part of multiple bodies

Advantages• Building upon existing expertise• Better coverage (regional and

thematic)Challenges• Coordination (when not visiting)• Coherence• Overlap and gaps

NHRI as sole NPM

9th ICC Annual Conference - Nairobi Declaration

NHRIs as NPM “only if the necessary powers and resources are made available to them”

NHRIs as NPM: Changes required

• Amendments to the legal basis (OPCAT compliance more than Paris Principles)

• Organizational restructuring (NPM unit)• Revision of working methods

(preventive approach)• Additional resources (human and

financial)

NHRI as sole NPM - Advantages

• Established public profile (credibility and legitimacy)

• Possibly previous detention monitoring experience (even if only for complaints

• Benefit from infrastructure and expertise (Advocacy, Media, Legal departments)

NHRI as NPM: Challenges

• Wide mandate and limited resources• Possible confusion between reactive

and preventive approaches• Functional and financial autonomy

within the NHRI • Staff composition (mainly lawyers)• Sustainability

Role of NHRIs when not the NPM

Role of non NPM NHRI

• Information sharing / cooperation with the NPM

• Monitoring the work of the NPM

• Sharing of information with SPT• Contact with the SPT during in-

country visits

APT Website

APT OPCAT Databasewww.apt/opcat.ch