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NHRIs and OPCAT: Guide to Preventing Torture and NPM Designation Process

This presentation highlights the role of National Human Rights Institutions (NHRIs) in preventing torture and their involvement in the National Preventive Mechanism (NPM) designation process under the Optional Protocol to the Convention against Torture (OPCAT). It provides insights into various options for NHRIs as NPM, including formal cooperation with civil society and being part of multiple bodies. The challenges and advantages of each option are discussed, along with the changes required for NHRIs to effectively serve as NPMs.

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NHRIs and OPCAT: Guide to Preventing Torture and NPM Designation Process

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  1. Association for the Prevention of Torture Association pour la prévention de la tortureAsociación para la prevención de la tortura NHRIs and OPCAT ICC meeting, March 2012

  2. APT/OHCHR/ APF Guide Presentation based on: Preventing Torture: Operational guide for NHRIs With an interactive CDRom/DVD

  3. OPCAT status 62 States Parties 22 Signatories

  4. NHRIs and OPCAT • Advocacy for OPCAT ratification • Participation in NPM designation process • NHRI as NPM • Role on non-NPM Ombudsmen

  5. Designation processes

  6. 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

  7. 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

  8. 39 NPM designated 28 NPM operational NPM Options 10 New body 20 NHRI 5 “Ombudsman +” 4 Multiple NPM NPM Designated

  9. NHRIs as NPM

  10. NHRIs as NPM - Options • NHRIs in formal cooperation with civil society • NHRIs as part of multiple bodies • NHRI as sole NPM

  11. 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

  12. 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

  13. 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”

  14. 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)

  15. 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)

  16. 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

  17. Role of NHRIs when not the NPM

  18. 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

  19. APT Website APT OPCAT Database www.apt/opcat.ch

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