CAT/OP/6/Rev.1 I. General principles 1. The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is frequently confronted with the issue of reprisals in the course of its work. For the purpose of the present policy, the term “reprisals” includes acts or omissions attributable to authorities or officials of a State party who carry out, permit or tolerate “any sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information, whether true or false” (Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15). 2. The Subcommittee recalls that article 13 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and article 15 of the Optional Protocol provide for the protection of victims, complainants and witnesses of acts of torture against all ill-treatment or intimidation as a consequence of seeking to cooperate or cooperating with the Subcommittee. 3. The Subcommittee is concerned with ensuring that the situation of persons with whom it comes into contact while carrying out its functions under the Optional Protocol is not prejudiced. Where this is not the case, the preventative mandate of the Subcommittee, including the basic imperative to “do no harm”, is put at risk. As the Secretary-General said in his statement at the high-level panel discussion on reprisals, held in New York in 2011, “the United Nations could not do its invaluable work for human rights without those who cooperate with us”. 4. The Subcommittee recalls that States parties have a primary responsibility to ensure that article 15 of the Optional Protocol is upheld. States need to ensure that all alleged acts of reprisals and intimidation are promptly, impartially and effectively investigated, that those responsible are brought to justice and that victims are provided with appropriate remedies. 5. Through its proactive policy, the Subcommittee asserts its uncompromising stance against reprisals and its unwavering commitment to prevent them. This includes an examination of the systemic causes of reprisals. The policy is taken into account during all Subcommittee activities and, in particular, while preparing for, during the course of and after a visit. 6. All Subcommittee working practices, in particular its interviews, reflect the necessity of preventing reprisals, in accordance with the present policy. 7. When implementing the present policy, the Subcommittee will take into account the principle of confidentiality provided for in the Optional Protocol and reflected in the Guidelines against Intimidation or Reprisals (San José Guidelines) (HRI/MC/2015/6). 8. The Subcommittee will: (a) Appoint one of its members to be a rapporteur on reprisals, to oversee the implementation of the present policy in accordance with the San José Guidelines, coordinate the activities of the Subcommittee relating to reprisals, and liaise with the relevant national, regional and international bodies, as appropriate; (b) Discuss issues concerning reprisals with States parties to the Optional Protocol collectively and at bilateral meetings, when appropriate; (c) Agree upon procedures to be followed by national preventive mechanisms concerning responses to reprisals, taking into account the particular country needs; (d) 2 Keep the present policy constantly under review.

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