O PCAT: Monitoring Forced Deportation Flights

1. Association for the Prevention of Torture Association pour la prévention de la tortureAsociación para la prevención de la tortura OPCAT: Monitoring Forced Deportation Flights Matthew Sands Legal Adviser

2. Outline Does the OPCAT cover deportation flights? Does the OPCAT have extraterritorial application? Does the OPCAT apply to monitor private guards?

3. OPCAT& Deportation OPCAT article 4(1) “to any place under its jurisdiction and control where persons are or may be deprived of their liberty…” Article 4(2) “deprivation of liberty means any form of detention or imprisonment or placement of a person in a public or private custodial setting which that person is not permitted to leave at will...” OPCAT article 20(c) “access to all places of detention and their installations and facilities” [to NPMs]. Broad concept of places of deprivation of liberty incl. refugee and migrant facilities & situations at risk (deportation)

4. OPCAT– Extraterritorial scope UNCAT Art. 2 Each State Party shall take effective […] measures to prevent acts of torture in any territory under its jurisdiction.

5. OPCAT– Extraterritorial scope OPCAT article 4(1) “to any place under its jurisdiction and/or control where persons are or may be deprived of their liberty…”

6. OPCAT– Private Guards Article 4(2) “deprivation of liberty means any form of detention or imprisonment or placement of a person in a public or private custodial setting which that person is not permitted to leave at will.”

7. Conclusions • The OPCAT requires States Parties to allow monitoring of forced deportation flights. • NPMs may monitor where State has partial or complete de facto control • Encourage NPMs to monitor this process and appreciate the specificities of forced deportation flights • Examples of safeguards on access to a doctor, limits on the use of force, and specific training for staff.

8. Thank you