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 ratification 2.Participation in NPM designation process 3.NHRI as NPM 4.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 Designated 39 NPM designated28 NPM operational NPM Options 10 New body 20 NHRI 5 “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 9 th 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 Database