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Lorena González Pinto, The United Nations Subcommittee on Prevention of Torture: The Effects of Preventive Action, Journal of Human Rights Practice, Volume 14, Issue 1, February 2022, Pages 134–159, https://doi.org/10.1093/jhuman/huac018
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Abstract
After the adoption of the Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2002, prevention became one central part of the fight against torture. This article looks at the preventive impact of OPCAT’s tripartite system consisting of States Parties, the Subcommittee on the Prevention of Torture (SPT) and National Preventive Mechanisms (NPMs). It presents the States Parties’ obligations regarding the prohibition of torture as well as the SPT’s and the NPMs’ mandate. It also discusses the challenges the SPT and the NPMs face and how through their work, torture can be prevented more effectively. Particular attention will be paid to the SPT’s options to assist both States Parties and the NPMs in further strengthening the prevention of torture. The article is written from the perspective of a former member and vice chair of the SPT and is mainly based on international regulations and jurisprudence of treaty bodies.