UN torture prevention body terminates visit to Australia

• SPT concluded its most recent session with a decision to cancel its suspended visit to Australia.
• The Subcommittee required a variety of assurances from the State Party.
• The subcommittee could not ascertain that it would be able to resume its visit in a reasonable timeframe.

GENEVA – The United Nations Subcommittee on the Prevention of Torture (SPT) concluded its most recent session with a decision to cancel its suspended visit to Australia and confirmations of visits to South Africa, Kazakhstan, and Madagascar in the first half of this year, as well as Croatia, Georgia, Guatemala, the State of Palestine, and the Philippines in the second half of 2023.

Due to challenges in carrying out its mission under the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Subcommittee decided to conclude its visit to Australia, which had been suspended on 23 October last year (OPCAT). In order to resume its visit, the Subcommittee required a variety of assurances from the State Party. Nevertheless, some of the needed promises were not provided, and the Subcommittee could not ascertain that it would be able to resume its visit in a reasonable timeframe.

“Despite the good cooperation the Subcommittee has with the Australian Federal Authorities following our initial mission, there is no alternative but to terminate the visit as the issue of unrestricted access to all places of deprivation of liberty in two states has not yet been resolved,” said Suzanne Jabbour, the newly re-elected Chairperson of the SPT.

“Nevertheless, a report based on what the SPT observed during its October visit before the suspension will be shared with the State party as soon as possible. It will enable ongoing communication with the Australian Government,” she added.

The SPT also finalized plans to visit South Africa, Kazakhstan, and Madagascar in 2023, as well as Croatia, Georgia, Guatemala, the State of Palestine, and the Philippines.

In each country visit, the SPT will engage with public authorities responsible for the prevention of torture and ill-treatment, as well as assist the country’s independent torture prevention watchdog, formally known as the National Prevention Mechanism (NPM), where relevant.

In addition, the SPT has decided to hold a public consultation on its first general remark, a legal guide on the concept of locations of deprivation of liberty. In preparation for the public discussion at its June meeting, the SPT will publish its initial draught in three working languages to solicit feedback from all stakeholders.

“This is an important development, and we call on all interested parties to provide input to enrich the draft,” said Jabbour.

In addition, the Subcommittee held an event to celebrate the 20th anniversary of the adoption of the OPCAT and the 15th anniversary of the SPT with States Parties, NPMs, other UN agencies, and other concerned parties.

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