arct2020Optional Protocol to the Convention Against Torture (OPCAT)
Torture and other cruel, inhuman or degrading treatment or punishment is absolutely prohibited under international and New Zealand law. The Convention against Torture and Cruel, Inhuman or Degrading Treatment or Punishment (CAT) requires State Parties to take effective measures to prevent torture and ill treatment.
The Optional Protocol to the Convention against Torture (OPCAT) is designed to assist States to meet these obligations. Unlike other human rights treaty processes that deal with violations of rights after the fact, the OPCAT is primarily concerned with preventing violations. It is based on the premise, supported by practical experience, that regular visits to places of detention are an effective means of preventing ill treatment and improving conditions of detention. This preventive approach aims to ensure that sufficient safeguards against ill treatment are in place and that any problems or risks are identified and addressed.
OPCAT establishes a dual system of preventive monitoring, undertaken by international and national monitoring bodies. A new international body, the UN Subcommittee for the Prevention of Torture, will periodically visit each State Party to inspect places of detention and make recommendations to the State. At the national level, independent monitoring bodies called National Preventive Mechanisms (NPMs) are empowered under OPCAT to regularly visit places of detention, and make recommendations aimed at strengthening protections, improving treatment and conditions, and preventing torture or ill treatment.