What needs to be done now?The Optional Protocol requires 20 ratifications to enter into force.
All States Parties to the UN Convention against Torture should seriously consider ratifying the OPCAT as soon as possible.
National Institutions and others promoting the human rights of people deprived of their liberty need to be informed of their potential role as national preventive mechanisms under the OPCAT.
National debates on the prevention of torture should be encouraged in light of the adoption of the OPCAT.
Civil Society should actively promote and be engaged in the process of the ratification and implementation of the OPCAT.
For further information please contact the APT at:
T10, route de Ferney
FCH-1211 Geneva
(41 22) 919 21 70
(41 22) 919 21 80
apt@apt.ch
APT
The Optional
Frequently Asked Questions
Founded in 1977 by Jean-Jacques Gautier and based in Geneva, Switzerland, the Association for the Prevention of Torture (APT) is an independent non-governmental organization committed to prevent torture and other forms of ill-treatment.
The APT supports national implementation of standards that prohibit torture and develops training programmes and other activities for professionals in contact with detainees. Its specificity lies in the promotion of preventive control mechanisms such as visits to places of detention. The APT therefore played a central role in the realisation of the Optional Protocol to the UN Convention against Torture.
What is the Optional Protocol?
On 18 December 2002, the UN General Assembly adopted the Optional Protocol to the UN Convention against Torture (OPCAT). The aim of the OPCAT is to prevent torture and other forms of ill treatment by establishing a system of regular visits to places of detention carried out by independent international and national bodies.
Who can ratify?
Only States that have ratified or acceded to the UN Convention against Torture can ratify or accede to the OPCAT.
Why is it needed?
Despite the fact that torture and other forms of illtreatment are prohibited under international law, these abuses still continue to be widespread.
Persons deprived of their liberty are most at risk as they are cut off from the outside world and solely dependent upon the authorities for their most basic needs and rights. The OPCAT offers a novel approach as no other international treaty provides for concrete steps to prevent these violations from occurring within places of detention worldwide.
How do visits prevent torture and other forms of ill-treatment?
Practical experience has shown that visits to places of detention are one of the most effective means to prevent torture and to improve conditions of detention.
Visits not only have a deterrent effect but they also enable experts to examine, at first hand, the treatment of persons deprived of their liberty and their conditions of detention.
Many problems stem from inadequate systems which can be improved through regular monitoring.
The visiting experts are able to make recommendations for improvements and to establish constructive dialogue with the authorities concerned in order to help them resolve problems observed.
How will the Optional Protocol work?
The OPCAT will establish a system of regular visits to places of detention carried out by complementary international and national independent expert bodies. Upon ratifying or acceding to the OPCAT, States Parties will be accepting unannounced visits to places of detention by these bodies.
An International Sub-Committee
The first body within this system of visits will be a new international body, a "Sub-Committee" to the Committee against Torture. This body will initially consist of 10 independent, multi-disciplinary experts, who will conduct regular visits to places of detention in all States Parties.
National preventive mechanisms
The second part of this system will be visits conducted by national bodies. When the OPCAT enters into force, within one year of ratifying or acceding to it, States Parties must have in place one or several national preventive mechanisms. No particular type of national mechanism is specified, therefore Human Rights Commissions, Ombudsmen, Parliamentary Commissions, or NGOs, could be designated to carry out this function.
States Parties must ensure that these national bodies function without any interference from the State authorities.
What will the visiting bodies do?
Both the international and national bodies will conduct regular visits to any place of detention and can hold private interviews with persons of their choice. Following their visits, these bodies will make recommendations for improvements in the treatment and the conditions of detention of persons deprived of their liberty. In order to establish an atmosphere of co-operation, the report of the Sub-Committee will be confidential, unless the State Party concerned gives its consent for the publication of the report or fails to co-operate with the visiting experts.
Confidentiality is not a requirement for the national visiting bodies. These bodies will then continue to work with the relevant authorities on the implementation of their recommendations. They will also work closely together, exchanging information and advice.
What places will be visited?
Places of detention are broadly defined by the Protocol and should include: police stations; security force stations, all pre-trial centres; remand prisons; prisons for sentenced persons; centres for juveniles; immigration centres; transit zones at international ports; centres for detained asylum seekers; psychiatric institutions and places of administrative detention.
By APT posted 5 May 05
Related:
Chronology of a Tasmanian Prison System: A Documented Report Prison Action and Reform is dedicated to progressive reforms in criminal justice and to the humane treatment of inmates in our prison system.
ICOPA XI International Conference on Penal Abolition
We are excited to announce that ICOPA X1, the eleventh International Conference on Penal Abolition will happen in Tasmania, Australia from February 9 - 11,2006. Please pass this onto all networks.
Baxter,'akin to the time in Nazi Germany'
I went to Baxter this Easter just past, and became more aware that this time is akin to the time in Nazi Germany when the concentration camps were being set up.
Overhaul Department of Justice: Reform Group
WA: The Prison Reform Group of WA is calling for a complete overhaul of the Department of Justice following recent events which have compromised its integrity, placing prison staff, prisoners, their families and the community, at risk. We call for the Minister to publicly apologise for last week's debacle which has seen the public badly let down by the Department of Justice yet again.
Noble Cause Torture?
AUSTRALIA: The Labor Party has decided not to support a Senate inquiry into new allegations made by Mamdouh Habib that the Australian Government cooperated with Egyptian intelligence authorities who he insists tortured him.
Detention Centres, Solitary Confinement
On Friday night the NSW Council for Civil Liberties awarded Sydney solicitor John Marsden honorary life membership. Julian Burnside was invited to make the speech in Marsden's honour. In the course of his speech, Burnside referred to the unregulated use of solitary confinement in Australia's immigration detention centres, criticising it as inhumane and also as unlawful.
Fascist Australian Govt torture exposed
The fascist Federal Government has been exposed for the torture of Australian Mamdouh Habib and the US Government's allegations against him (if they were true) would have been made under duress.
Where the Norm is Not the Norm: HARM-U
In the absence of public policy, this paper is an attempt to shine a light through the rhetoric and test for coherency in the policy and function of NSW’s only supermax prison, the High Risk Management Unit. Its present use will be compared with the ‘vision’ flogged by the Premier and the Department of Corrective Services (the Department) at its inception in 2001.
Justice Action: NSW Corrective Services undermine prisoner contact For nearly 20 years, Justice Action has been corresponding regularly with individual prisoners without seeking approval from the Commissioner of Corrective Services for each individual letter sent to them.
The Nagle Report 25 years on
In 1976 the New South Wales Government invited Mr Justice Nagle to head the Royal Commission into NSW Prisons. The Royal CommissionÕs Report was tabled in Parliament in March 1978.
REPORT CARD ON NSW PRISONS
Former Royal Commissioner Justice John Nagle and Professor Tony Vinson are the keynote speakers at a seminar this week marking 25 years since the landmark Nagle Report into NSW prisons.
Justice Denied In NSW Corrective Services
There used to be a (VJ) or Visiting Justice who would go into the prison and judge any claim or accusation that was made by any prisoner or prison guard. If it were found that a prisoner had offended then punishment was metered out.
High Risk Management Unit (HRMU) INSPECTION
The Special Care Unit (SCU) at Long Bay Correctional Centre was inspired by Barlinnie. The SCU was opened in 1981 to replace the Observation Unit, which was strongly criticised by the Nagle Report. The SCU was closed in 1997 because of lack of record-keeping which could give a measure of effectiveness. The SCU was replaced by the Four-Stage Violence Prevention Program, which is housed within the Metropolitan Special Programs Centre (MSPC).
Watchdogs slaughtered in NSW
On Tuesday the Carr Government reduced transparency and accountability yet again and New South Wales is in danger of becoming entrenched with cronyism and intimidations with the Carr Labor Government that continues to slaughter the watchdogs.
Escape proof but not so the prisoners mind
Fewer prisoners escape from prison these days because they're "cemented in" by materials that do not break and by legislation that can keep prisoners in jail until they die.
Sir David Longland Correctional Centre
The exercise yards in all units in B Block are now closed in with extra cladding to all external surfaces. No direct sunlight ever comes into the exercise yards at any time of the day. Block walling surround more than three-quarters of the yard. A portion of one wall is covered in with compressed steel mesh with small holes, plus another mesh fence being the original fence. No fresh air comes into these yards because of the mesh and the fact that there is no cross ventilation for air to pass through the yard. The roofing of all unit exercise yards in B Block have been covered in stopping any sunlight. In the summer months, heat generated from the tin roofing over the exercise yards makes the yard so hot, normal use is avoided.
SIR DAVID LONGLAND CORRECTIONAL CENTRE QLD - CELLS IN B BLOCK The cells in B Block are like no other in any Queensland prison. After Mr. Cooper was severally embarrassed by the Abbott and Co escape on 4th November 1997, he visited B Block and the surrounding grounds. It was that visit, by Cooper, that set in motion a plan (up the ante) to make sure security in B Block would never embarrass him again. It was like closing the gate after the horse has bolted.
Inspector General Ignored On Womens Prison
Four months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.
Prison Privatisation: Death camps looming in NSW
I asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.
Corrections Victoria and criminal acts: SCS-4\320 UPDATE
You have stated "Section 30 of the Corrections Act 1986 and the Information Privacy Act 2000, restricts the release of confidential information regarding prisoners, I therefore am unable to provide any information regarding this matter."
Death camps looming in Victoria
A letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.
Civil libertarians condemn planned changes to prisoners' privacy rights The New South Wales Government is using a recent case involving [framed] serial killer Ivan Milat to justify its decision to remove the privacy rights of prisoners. But really just another attack on Ivan Milat from Parliament House.
Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.
Prison Mind Games-Do they exist?
Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.
The Government is likely to abolish the Inspector General of Corrective Services position The Mulawa inspection report recommendations below strictly illustrate how important he is.
Downer won't press US for 'torture' report?
The Australian Government says it has tried and failed so far to get a copy of a report by the International Red Cross which claims psychological and physical coercion of detainees at Guantanamo Bay in Cuba?
Decade after inspector left in disgust, report tells of filth
UK: Dirty, mice-infested cells, high levels of self-harm, and widespread bullying over drugs and medications were just some of the damning findings of a report into conditions at Holloway, Britain's largest women's prison.
CUBA: A letter to Amnesty USA
I write as an Australian prisoners' rights campaigner who has been watching Amnesty's interventions over the arrests and jailing of several dozen "dissidents" in Cuba over the past two years. I have also visited Cuba on two occasions.
Unlock the Box:
Unlock the Box is a product of many years of struggle to shut down the Security Housing Units in California. During this time, the United Front to Abolish the SHU was created as a forum to coordinate the actions of everyone involved in this campaign.
Breakthrough in prison revolt
Philippines: The Un-Australian: "NEGOTIATORS last night made a breakthrough in the 12-hour standoff with al-Qa'ida-linked militants?, (suspected and imprisoned people) who staged an escape attempt from a Philippines prison that left six people dead."
Control order flaws exposed
UK: First interview with ex-detainee reveals a regime that leaves him in despair : Ex-detainee exposes flaws in terror control orders.
CIA defends terror suspect transfers?
Suspected terrorists [scapegoats for the Coalition of the Killings's resource wars in the Middle East] in US custody have been transferred to third countries for the past 20 years, CIA director Porter Goss told the US Senate armed services committee.
Youth 'murdered for officers' pleasure'
UK: An Asian teenager was murdered by a white racist after they were placed in the same cell as part of a game to fulfil the "perverted pleasure" of prison officers, a public inquiry heard on Friday.
Deaths in isolation as prison segregation increases
The use of segregation [solitary confinement] of prisoners as punishment has been increasing recently in Australia, the US, and the UK. Segregation can be used for protection or punishment, but in both cases it results in extreme psychological stress. An indication that segregation is being over-used is the appearance of deaths in custody from suicide of those placed in segregation.
Put in the way of self-harm in a place intended to protect others
UK: Sarah Campbell, 18, spent the last hours of her life in the segregation unit of Styal prison, Cheshire. "The seg", as those places are referred to, used to be known as "the block", short for punishment block. [ Seg is a bullshit word for Punishment, Solitary Confinement, Torture, Mental Illness, Self-Harm, Human Rights Abuse and that is State Terror.]
UK solitary confinement
UK: Segregation units are prisons within prisons - the places where the most unchecked brutality is meted out to prisoners. In recent years conditions in high security segregation units have deteriorated, and the use of long-term segregation as a control mechanism has increased.
Inquiry must root out prison racists
UK: It is difficult to imagine a more brutal murder than that of Zahid Mubarek. The 19-year-old was clubbed to death by his cellmate at Feltham Young Offender Institution in the early hours of 21 March 2000. He was due to be released just a few hours later.
Torture, the British way
Great to be British, isn't it? Time was, we were really uptight, but now we can talk about anything - sex, religion, politics. No matter how personal and complex the subject, we'll discuss it with Richard and Judy, or slap our private Polaroids of it on our websites. Which leaves me puzzled about our silence, even shyness, over this whole torture thing.
Prison suicides soar as jails hire 'babysitters'
UK: Prison officers are being taken off suicide watch and replaced by unqualified 'babysitters' because the system is overwhelmed by an epidemic of self-harm.
Concern as UK prison suicides hit record level
UK: More prisoners took their own lives in English jails in August than in any other month since records began, prison reformers said today.
Abu Ghraib inquiry slams Aust Government
A US inquiry into the Iraqi prison abuse scandal has been highly critical of Australian, Major George O'Kane, for glossing over early warnings about the treatment of detainees.
Guantanamo abuse claims prompt new inquiry calls
New claims of abuse at Guantanamo Bay Cuba have prompted fresh calls for an Australian inquiry into the treatment of detainees David Hicks and Mamdouh Habib.
Mamdouh Habib: Taunted and Tortured!
Habib came to ASIO's notice when he fell out with the ADF obviously someone had it in for Mamdouh and the ADF tipped off ASIO and the AFP to taunt him. By the sounds of it he was declared a wog. That's Aussie slang for get the bastard he's not one of ours and we can discriminate against him he is an easy target. Aussie race hate!
Habib to face US military trial
The United States Government has given the go-ahead for the Australian Guantanamo Bay inmate, Mamdouh Habib, to go to trial for being innocent. Mr Habib could now be granted access to a military and civilian legal team.
US tortured Habib in Egypt: report
Australian terror suspect Mamdoub Habib was allegedly tortured in Egypt before being sent to Guantanamo Bay in Cuba, according to the Pakistani Government.
There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention centers in Iraq, Afghanistan, and Guantanamo Bay.
End of years of despair as Holloway closes its doors
But now Holloway prison in north London - where Ruth Ellis, the last woman to be executed in Britain, was hanged in 1955 - has been earmarked for closure, along with several other women's prisons, which have been hit by a spate of suicides.
Abu Ghraib, USA
When I first saw the photo, taken at the Abu Ghraib prison, of a hooded and robed figure strung with electrical wiring, I thought of the Sacramento, California, city jail.
On Solitary Confinement
There has been much written about solitary confinement by some of the world's leading psychiatrists, but very little written by victims of solitary themselves. I believe that the 32 years I have spent in solitary qualifies me for the task.
Rumsfeld had approved abuse
US Defence Secretary Donald Rumsfeld authorised hoods, the stripping of prisoners and the use of dogs to terrify inmates at Guantanamo Bay almost two years ago, documents released yesterday revealed.
Failure to condemn prison abuse risks lives: Kenny
The Prime Minister is morally bankrupt stay "alert and alarmed"
Prisoner's identity concealed to prevent Red Cross access
US Defence Secretary Donald Rumsfeld, acting at the request of the CIA, ordered that a suspected Iraqi insurgent leader be detained off the books to conceal his identity from the International Committee of the Red Cross (ICRC), the Pentagon has confirmed.
US has secret prisons: rights group
The United States is holding terrorism suspects in more than two dozen detention centres worldwide, about half of which operate in total secrecy, according to a new human rights report.
Prisoner Abuse Not Just in Iraq
The shocking revelations of abuse of prisoners by US prison guards in Iraq have been denounced by politicians around the world, including our own Prime Minister.
How detox and self-help brought suicide jail back from the brink
UK: Six suicides in 12 months made Styal jail notorious and the Prisons Ombudsman criticised the prison and its staff for serious failures. But things are changing.
Belmarsh detainees consider suicide, says freed man
UK: The first of the Muslim detainees released from Belmarsh high security prison after being held on suspicion of terrorism has told the Guardian his fellow prisoners are suffering such severe mental problems that they constantly consider suicide.
Maoist Internationalist Movement
March 6 -- Protesters took to the streets in cities across the state of California to demand California prisons shut down the Security Housing Units (SHU). Like other control unit prisons across the country, the SHU are prisons within a prison. They are solitary confinement cells where prisoners are locked up 23 hours a day for years at a time. The one hour a day these prisoner sometimes get outside of their cell is spent alone in an exercise pen not much larger than their cell, with no direct sunlight.
From Terrell Unit in Texas to Abu Ghraib Doesn't It Ring a (Prison) Bell If the president wasn't so forthright about his disinterest in the world, it would have been hard to believe him Wednesday when he said the abuse in Abu Ghraib prison "doesn't represent the America I know."
High court keeps alive case of inmates held in solitary
NEW ORLEANS: The nation's highest court refused Monday to kill a lawsuit brought by two prisoners and an ex-inmate at the Louisiana State Penitentiary who spent decades in solitary confinement.
Suicides and unrest have soared, admits Home Office
UK:The already overcrowded prison population is set to go on rising and will top 80,000 within the next three years, a senior Home Office civil servant warned yesterday.
