Optional Protocol to CAT

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Presentation transcript:

Optional Protocol to CAT Part Three Optional Protocol to CAT The Aim ….intended to establish a preventive system of regular visits to places of detention.

The nature of a system of regular visits to places of detention A sub-committee for this purpose created under the CAT Committee (international). A national mechanism for such visits.

Tasks Supplementary tasks Visit places of detention. Make confidential reports on observations and recommendations. Consistently work to see the implementation of such recommendations. Supplementary tasks Education of officers belonging to relevant departments – police and prison centres. Popular education. The making of public opinion.

Tasks under this project Biannual meeting of national coordinators in Hong Kong Biannual meeting of national coordinators in the four countries The regional coordinators visits to each of the countries Overall project coordinators visits to each of the countries Translations of OPCAT related materials for each of the countries Background materials of OPCAT Survey of torture and ill treatment in detention centers in each of the countries Training materials of OPCAT for to each of the countries Campaign materials for OPCAT for each of the countries View exchange meetings to each of the countries Seminar with all four target groups in each of the countries Website for each of the countries Media for each of the countries Street movement campaign for each of the countries Public hearings for each of the countries UN and red letter days in each of the countries Report on survey of torture and ill treatment in detention centers Study of existing standards of documentation on torture

Some observations What do we call this programme? If you say that it is a programme to promote OP CAT many people will not understand and some may even think it is about a cat – however, if it is said that this is to get an independent authority to visit places of detention to observe whether torture or cruel or inhuman treatment takes place it is more likely that the people will understand what this is all about. Like that there may be many areas where in terms of local jargon and popular understanding presentations need to be made in a way that the meanings of this work is communicated.

Ratification -1 In the early part of this work what is expected is that the governments will ratify OP CAT. What this means is that the governments will agree and sign and deposit with the UN those documents which legally amount to ratification. In terms of the Philippines, Sri Lanka and Bangladesh which have what is known as dualist systems this also means passing of local legislation giving effect to the document that is being ratified.

Ratification – 2 Some observations Given the politically sensitive nature of allowing visits to places of detention the work of getting the consent for ratification needs to be done, it is submitted in a low profile manner until the point of ratification. The involvement of European countries at a diplomatic level with the Foreign Ministry may have more impact at this stage than active internal lobbying. In some countries like Sri Lanka, Philippines and Bangladesh where already there are negotiations by the United Nations and western countries for a necessary package to improve the human rights situations it may be useful to lobby the UN and other western diplomats to take up the matter of the OP CAT with these governments.

Education prior to ratification The items mentioned in the agreement can be useful means for such education.

Putting things into perspective The issues raised in the OP CAT are only a tiny part of the larger landscape of things that need to be done for the prevention of torture in the four countries. Thus OP CAT work should be places within that entire perspective of the larger canvass of the prevention of torture. If separated the aims of the OP CAT, even if legally achieved cannot alter the bigger reality of endemic torture in the places of detention permitted by the defects of the criminal justice system and the legal system at large.