Protocol established for local torture prevention
|Published
The Optional Protocol to the Convention against Torture came into effect and establishes local and international mechanisms for torture prevention. Picture: WILLEM LAW/African News Agency (ANA) Archives The Optional Protocol to the Convention against Torture came into effect and establishes local and international mechanisms for torture prevention. Picture: WILLEM LAW/African News Agency (ANA) Archives
Cape Town - The National Torture Preventive Mechanism (NPM) was launched by the SA Human Rights Commission (SAHRC) in what was formerly the Castle of Good Hope's torture chamber.
The Optional Protocol to the Convention against Torture (OPCAT) thus came into effect and establishes local and international mechanisms for torture prevention. “Through regular visits to places of detention, such as mental health facilities or prisons, the benefits afforded by the Bill of Rights can be extended to those whose liberties have been limited,” said SAHRC chairperson Bongani Majola.
“In the absence of an independent mechanism, endemic violations of human rights have room to persist without pitfalls. The launch and the implementation of the NPM is an opportunity to advocate for and advance the improvement of the state's compliance with human rights and to address violations.”
Majola said that while the state has set up institutions to monitor places of deprivation of liberty, it appears that gaps in policy and practice still exist.
“In order for us to truly realise the objectives of the NPM, we will need to work together with civil society, the media and government as institutions supporting constitutional democracy.”
Bongani Majola
Minister of Justice and Correctional Services John Jeffery said that Article 3 of the OPCAT requires that a national preventative mechanism be established. “The OPCAT does not give a boundless mandate to the NPM to undertake site visits, but limits the visits to places of detention where people are deprived of their liberty by public authorities, by a court order or state sanctions."
The Judicial Inspectorate for Correctional Services, Independent Police Investigative Directorate, the Military Ombud, the Health Ombud, the Office of Health Standards Compliance, the Department of Social Development and the Mental Health Review Board are all contributing to the work of the NPM.
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