What is the basis for NPM interactions with the SPT?
The OPCAT establishes a triangular relationship between the state party, the NPM and the Subcommittee on Prevention of Torture (SPT). The OPCAT is the first international human rights instrument to establish such a relationship. This link is built on the shared mandate and powers of the SPT and of NPMs to conduct visits, make recommendations, and maintain (confidential) contact with each other.
This means that, in relation to NPMs, the SPT has a specific mandate under article 11 of the OPCAT to:
- Advise and assist in relation to NPM establishment.
- Maintain direct and confidential contact with NPMs.
- Provide training and technical assistance to NPMs and advice relating to the protection of persons deprived of liberty.
- Make recommendations and observations to states on strengthening NPMs.
The possibility for NPMs to have confidential and direct interactions with the SPT, without the interference of the state party, is one of the most powerful powers granted by the OPCAT.