DiKE Die Kommission zur Verhu¨tung von Folter

Torture and other cruel, inhuman, or degrading treatment or punishment are among the most serious forms of human rights violations. They destroy human dignity, body, and soul alike. The Commission for the Prevention of Torture conducts visits to all places of deprivation of liberty under Swiss jurisdiction to prevent these human rights violations. This visiting mechanism is based on the Optional Protocol to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), which establishes torture prevention at a universal level. The states parties to the OPCAT commit to establishing so-called National Preventive Mechanisms (NPM). These must carry out their mandate as an independent institution with competent personnel. Among the members of the NPM, there should be a balanced representation of genders, ethnic groups, and national minorities of the states parties. They must be granted access to all places of deprivation of liberty, all relevant information, and all persons in custody. The observations and recommendations of the NPM are communicated to the competent authorities in reports. Switzerland ratified the OPCAT on September 24, 2009, and designated the Commission for the Prevention of Torture as its NPM. The author analyzes the Swiss NPM based on international legal requirements, the practice of the Commission for the Prevention of Torture, and a legal comparison with Germany and Liechtenstein, addressing the question of the effective and optimal implementation of the OPCAT by Switzerland.