Optional Protocol to the Convention Against Torture (OPCAT)

The OPCAT works with the Convention against Torture (CAT) and makes extra legal obligations for member countries to make sure the CAT is being followed in places of detention (including prisons).

These extra legal obligations include:

1. Allowing inspections by the treaty body for OPCAT – called the UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT)
2. Creating an independent National Mechanism for the Prevention of Torture (NPM). A NPM would inspect and monitor the treatment of people in places of detention, like prisons, in that member country

Australia ratified the OPCAT in 2017 but has not fulfilled its legal obligations yet.

The SPT tried to visit Australia but was not allowed full access to some prisons.

A NPM has not been created. The Australian government decided each state and territory would be responsible for their own NPMs. Victoria has not said who will be responsible for their NPM.

Treaty body – Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT)

The UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) is different from the other treaty bodies.

Instead of taking reports from member countries, the SPT goes to the member countries and inspects their places of detention (including prisons) to see how people are being treated.

The SPT is also supposed to assist and give advice to NPMs in member countries.

The full OPCAT can be found on the UN’s website.