Footnotes:
1 cf Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (2nd rev edn, NP Engel 2005) (CCPR Commentary) 808 and 904.
3 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 [1995] 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.
4 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. All subsequent drafts contain an identical provision. 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 on its ninth session [2001] UN Doc E/CN.4/2001/67, Annex I, Art 26; Annex II, Art 21; 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 I (Proposal by the Chairperson-Rapporteur) Art 29.
5 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 110.
6 E/CN.4/1996/28 (n 3) para 118.
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 sixth session [1997] UN Doc E/CN.4/1998/42, para 113.
8 E/CN.4/2001/67 (n 4) Annex I.
10 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.
11 cf Nowak, CCPR Commentary (n 1) 808.
12 cf Matt Pollard, ‘Implementation of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in Federal and other Decentralized States’, discussion paper for the seminar ‘The Optional Protocol to the UN Convention against Torture: Implementation in Federal States and Decentralized States’ Brazil, 22–24 June 2005 <https://www.files.ethz.ch/isn/103004/Federal_English.pdf> accessed 12 December 2018, 10, n 29.
16 cf ibid. For legal, political and practical considerations and respective recommendations, see Association for the Prevention of Torture (APT), ‘OPCAT Briefing, Implementation of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Federal and Other Decentralised States’ (2011) <https://www.apt.ch/content/files_res/OPCAT%20and%20Federal%20States%20-%20Eng.pdf> accessed 15 November 2017.
17 SPT, ‘Report on the Visit to Brazil’ (2012) UN Doc CAT/OP/BRA/1, para 95; SPT, ‘Report on the Visit to Brazil undertaken from 19 to 30 October 2015: Observations and Recommendations addressed to the State Party’ (2016) UN Doc CAT/OP/BRA/3, para 96: Vis-à-vis the lack of political will to create local NPMs, the SPT called upon state governments concerned to ‘take action and to establish preventive mechanisms at state level, in compliance with OPCAT requirements, with functional independence and sufficient resources to allow these bodies to carry out their functions effectively’, as foreseen by the Federal Law; and para 97: finally, the SPT recommended that the Federal Government ‘take a more proactive approach as part of an established national public program, in coordination with state-level authorities, to foster the creation of local mechanisms. This may include meetings with high-level state authorities, regular advocacy visits to the states, technical support to the drafting of legislation and economic incentives through allocation of funds’.