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)
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Keep the present policy constantly under review.