2011
DOI: 10.1093/acprof:oso/9780199602193.001.0001
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The Optional Protocol to the UN Convention Against Torture

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Cited by 51 publications
(19 citation statements)
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“…48 The duty is arguably formulated in action-oriented language. Rather than an obligation for states actually to succeed in preventing torture 49 it appears to place a positive obligation upon the state to take action.…”
Section: The Duty To Prevent Torture and States' Positive Obligationsmentioning
confidence: 97%
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“…48 The duty is arguably formulated in action-oriented language. Rather than an obligation for states actually to succeed in preventing torture 49 it appears to place a positive obligation upon the state to take action.…”
Section: The Duty To Prevent Torture and States' Positive Obligationsmentioning
confidence: 97%
“…Yet torture prevention is not about fulfilling international commitments concerning the prohibition of torture.' 13 In 2002 the African Commission on Human and Peoples' Rights adopted the Robben Island Guidelines for the Prohibition and Prevention of Torture (RIG) intended to provide guidance on the implementation of Article 5 (prohibition of torture) of the African Charter on Human and Peoples' Rights. 14 Interestingly the implementation guide accompanying the Guidelines stresses the existence of the separate but interrelated obligations to prohibit and to prevent torture.…”
Section: The Influence Of the Prohibition On The Prevention Of Torturementioning
confidence: 99%
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“…The Mandela Rules substantially amended and strengthened the provisions of the previous UN Standard Minimum Rules concerning the inspection and monitoring of prisons and were influenced by OPCAT. OPCAT established the UN's Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereafter "SPT"), which has the power to visit places of detention within states party to the Convention (Murray et al 2011), as well as domestic-level NPMs. These entities have the remit and powers to visit places of detention in order to prevent torture and other inhuman or degrading treatment or punishment.…”
Section: The European Legal Framework For Prison Inspection and Monitmentioning
confidence: 99%
“…OPCAT is based on the premise that the prevention of torture and other forms of cruel, inhuman or degrading treatment or punishment can be supported by means of regular visits by independent bodies to places of detention. The Convention Against Torture (CAT) originally contained no mechanism by which bodies would visit places where people are deprived of their liberty and the process by which OPCAT was drafted was long and challenging (Murray et al 2011). Thirty-eight Council of Europe Member States have designated NPMs (Hardwick and Murray 2019), while 26 of 28 European Union Member States have done so at the time of writing.…”
mentioning
confidence: 99%