Celebrating Torture Prevention

You wouldn’t expect an international meeting on torture prevention to be a happy occasion but November’s  global forum on the Optional Protocol to the Convention Against Torture had the feel of a large and joyous family gathering. Given that the Optional Protocol is still in its youth, the atmosphere was more one of Barmitzvah than wedding, but a happy occasion nevertheless.

I’ve been fortunate to be involved with the Optional Protocol (or OPCAT to those in the torture prevention business) since my first days in Geneva. When I arrived in 2002, the protocol had been stuck in international negotiations for decades and had the lowly title of the Draft Optional Protocol. The draft became a proper Optional Protocol that year after passing through the now defunct Commission on Human rights and the UN General Assembly after hard fought votes.

Since then it has been ratified by over 60 countries and the list is growing all the time.  The basic idea is that one of the most effective ways to prevent torture and other ill treatment is by having international and national bodies being able to visit all places of detention, and then share their findings privately with the states so that they can improve the situation. All countries, without fail, need to improve conditions in detention, but  States are often unwilling to discuss the fact that torture or ill treatment may be occurring because of the public criticisms which follows from these human rights violations. The beauty of the OPCAT is that it is aimed at helping States to improve  conditions in detention in their own countries without fear of public criticism either nationally or internationally. As a result States are showing that they are increasingly willing to engage with international and national mechanisms to prevent torture.

The Global Forum was a chance to take stock about just how far things have moved forward and for those working on torture at the national level to share their experiences. It made for a fascinating meeting, quite unlike the majority of international gatherings I’ve sat through over the years. Most press reports about torture in recent years have given the impression of a worrying regression in global standards but it is clear that there have been big strides forward in many countries.  OPCAT ratification is gathering pace in all regions.  Perhaps the most interesting recent developments have been in the Middle East. Lebanon, to its great credit, has already ratified and Tunisia also joined up soon after Ben-Ali’s departure this year.  A total of 37 countries have established bodies to investigate places of detention in their countries (known as National Preventive Mechanisms to those in the trade) and the number is growing steadily.

The international Sub-Committee on Prevention of Torture set up under the OPCAT expanded to a membership of 25 this year and now has a decent spread of experts from all regions. The current President (Malcolm Evans from the UK) seems to be doing an excellent job in making the most of the Sub-Committee’s very scarce resources.

One recurrent theme throughout the Global Forum was about the singular contribution made by the Association for the Prevention of Torture (APT), the Forum organisers. They are a small organisation whose committed staff have spent most of the last 35 years working out of a draughty shack near the UN before moving to temporary accommodation this year. Conference delegates whether from NGOs, national torture prevention bodies or Government representatives were universal in their praise for the sound advice and help which APT have given them to achieve ratification and implementation of the OPCAT in their countries. I’ve come to know the APT quite well over the years and have always been a big fan, but it was impressive to hear them receive plaudits from so many leading experts in this field.

The UK was the third country to ratify the OPCAT and torture Prevention is now one of the UK’s 5 Foreign Policy human rights priorities so I’m looking forward to more work on torture prevention. And I’m also looking forward to the next family celebration when we reach 100 ratifications.