The jewel in the crown and its three guardians: Independence of national preventive mechanisms under the optional protocol to the un torture convention

Abstract

This article examines the implementation of one of the central requirements of the Optional Protocol to the United Nations Convention against Torture (OPCAT) concerning National Preventive Mechanisms (NPMs), the requirement of independence. While seemingly straightforward, it is in fact a multi-faceted concept which, given the diversity of shapes and forms that NPMs around the world take, manifests itself differently in different legal contexts. Moreover, there are three ‘guardians&rsquo of this requirement as it is not only States Parties who have a responsibility to set up independent NPMs and maintain their independence throughout the NPMs existence: the Subcommittee on Prevention of Torture as well as NPMs themselves also have a significant role to play, especially in relation to perceived independence. This article argues that the condition of independence imposed by OPCAT in relation to NPMs is not and indeed cannot be a strictly defined legal concept with the exact same outlines in every jurisdiction. Any appraisal of individual NPM’s independence must take note of this. © The Author (2014). Published by Oxford University Press. All rights reserved.