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Optional Protocol to the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment

The Optional Protocol to the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (OPCAT) was adopted by the United Nations General Assembly on 18 December 2002. OPCAT is an international agreement aimed at preventing torture and cruel, inhuman or degrading treatment or punishment. OPCAT is a human rights treaty that assists in the implementation of and builds on the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and helps States meet their obligations under CAT. The key aim of OPCAT is to prevent the mistreatment of people in detention.

Under OPCAT, State Parties agree to establish an independent National Preventive Mechanism (NPM) to conduct inspections of all places of detention and closed environments. In addition to the NPM, State Parties also agree to international inspections of places of detention by the United Nations Subcommittee on the Prevention of Torture (SPT). The SPT engages with states on a confidential basis and cannot publish reports and recommendations unless under agreement with the state party. Furthermore, people who provide information to the SPT may not be subject to sanctions or reprisals for having done so.

The Australian Government ratified OPCAT on 15 December, 2017. Currently the Australian Human Rights Commission is assisting the Australian Government progressively implement OPCAT.