Switzerland Ratifies OPCAT and Establishes a National Commission
Almost seven years after its adoption and more than three years after it entered into force, Switzerland finally ratified the Optional Protocol to the UN Convention against Torture (OPCAT). Swiss NGOs specialized in fighting torture welcome this ratification, signed by the President of the Confederation on 24 September 2009. By doing so, Switzerland becomes the 50th State Party to implement this innovative international treaty. Among others, Switzerland must establish a «national protection mechanism», which will enhance the work of the UN Subcommittee on Prevention of Torture (SPT), or the already existing, useful but bi-yearly and not exhaustive, visits of the European Commission on Prevention of Torture (CPT).
A new National Commission
The new Federal Commission for the Prevention against Torture was discussed in Parliament at the same time that the OPCAT ratification itself. It approved a Federal Law providing for a new 12 members commission, which will examine the situation of persons deprived of freedom by doing regular visits, announced or unannounced, of all detentions centre in Switzerland. Following the visits, the Commission must provide reports with recommendations, including on legislation in force or legal projects. The authorities will have to publish an annual report and examine proposals of the Commission, which will provided with a permanent secretariat. Members of the new Commission should be interdisciplinary and representative: they are about to be named. NGOs hope to collaborate closely with the new Commission.
Enlargement of the SPT
The Association for the Prevention of Torture (APT), based in Geneva, also welcomes and reminds that the 50th ratification will pave the way for an enlarged UN Subcommittee for the Prevention of Torture (SPT): the number of members of the SPT shall increase from 10 to 25 independent experts. The SPT is the international body established by the OPCAT to effectively prevent torture and other forms of ill-treatment through detention monitoring and advice on improving domestic preventive measures.
Documentation
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Les
ONG luttant contre la torture se déclarent satisfaites par la
ratification par la Suisse du Protocole facultatif à la Convention des
Nations Unies contre la torture (OPCAT) (pdf, 2 p.)
Press release in French (German also available) by Humanrights.ch, Amnesty International Switzerland, ACAT and OMTC, 24 September 2009 -
Des visites aux lieux de détention : la Suisse s’engage pour la prévention de la torture (pdf, 2p.)
Press release in French by the APT, 24 September 2009
Further information
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Parliaments gives green light for the ratification of OPCAT
Article on humanrights.ch, March 2009 -
The Optional Protocol to the anti-torture treaty comes into force without Switzerland
Article on humanrights.ch, June 2006 -
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Text on the website of the Office of the UN High Commissioner for Human Rights -
Subcommittee on Prevention of Torture
Information on the website of the Office of the UN High Commissioner for Human Rights - Website of the Association for the Prevention of Torture (APT)
Update: 12.08.2010
