1. Introduction
1 Article 10 OP is modelled on Article 18 CAT, which itself is based on Articles 35 to 39 CCPR.1 It requires the SPT, as the CAT Committee, to elect its officers, ie one chairperson, three (originally two) vice-chairpersons, and one rapporteur, for a term of two years, and to establish its own rules of procedure which shall provide that, at the beginning, six (now fourteen) members shall constitute a quorum2 and that decisions shall be made by a majority vote of the members present. Although the SPT, as with the CAT Committee, is free to decide the number of its annual sessions, both bodies must hold one at the same time, and all meetings shall be confidential.
Footnotes:
2 See SPT, ‘Rules of Procedure’, UN Doc CAT/OP/3, r 25.
3 Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment submitted by Costa Rica (1980) UN Doc E/CN.4/1409.
4 Letter dated 15 January 1991 from the Permanent Representative of Costa Rica to the United Nations at Geneva addressed to the Under-Secretary-General for Human Rights (1991) UN Doc E/CN.4/1991/66.
5 Report of the Working Group on the Draft Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its fourth session (1996) UN Doc E/CN.4/1996/28, Annex I; see also Report of the Working Group on the Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1993) UN Doc E/CN.4/1994/25, Annex.
6 Report of the Working Group on the Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its eighth session (1999) UN Doc E/CN.4/2000/58, Annex II. Similar provisions are contained in the Mexican Draft of 13 February 2001 (E/CN.4/2001/WG.11/CRP.1, Art 14, former Art 10 [7]) and the EU Draft of 22 February 2001 (E/CN.4/2001/WG.11/CRP.2, Art 11, former Art 10).
7 Report of the Working Group on a Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its tenth session (2002) UN Doc E/CN.4/2002/78, Annex II E.
8 See Report of the Working Group on a Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1992) UN Doc E/CN.4/1993/28, para 26.
9 See E/CN.4/1994/25 (n 5) paras 53ff.
10 See Report of the Working Group on the Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1997) UN Doc E/CN.4/1998/42, paras 24ff.
12 See E/CN.4/1998/42 (n 10) para 30.
14 See E/CN.4/2002/WG.11/CRP.1, Art 10(3).
16 See above 2.2 and Art 18 CAT.
17 See SPT, ‘Forth Annual Report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ (2011) UN Doc CAT/C/46/2, para 11.
18 On 1 October 2012, Mr Coriolano resigned due to his election as a member of the Human Rights Council Advisory Committee.
20 Mr Coriolano was primarily responsible for the issue of NPMs, Mr Hajek was responsible for the issue of SPT visits, Ms Jabbour was responsible for the SPT’s external relations, and Ms Muhammad (being also the SPT Rapporteur) for the issue of jurisprudence; see CAT/C/48/3 (n 19) para 9; Ms Muhammad was at the same time Vice-Chairperson and Rapporteur of the SPT; this practice, stipulated in Rule 10 para 1 of the SPT’s RoP is different from all the other treaty bodies.
24 cf also above Art 20(5) CAT.
26 See SPT, ‘First Annual Report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ (2008) UN Doc CAT/C/40/2, para 60; see also Rachel Murray and others, The Optional Protocol to the UN Convention against Torture (Oxford University Press 2011) 96.
27 See CAT/C/46/2 (n 17) para 48.
28 See SPT, ‘(Former) Rules of Procedure of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ (2011) UN Doc CAT/OP/12/3.
30 See SPT, ‘Summary Record of the 1st Part (Public) of the 1st Meeting’ (2007) UN Doc CAT/OP/1/SR.1.
31 See E/CN.4/2002/WG.11/CRP.1, Art 10(3).
32 See CAT/C/48/3 (n 19) para 29.