The idea for this scheme of torture prevention goes back to the Swiss Committee for the Prevention of Torture, founded in 1977 by Jean-Jacques Gautier in Geneva. It envisaged the establishment of a worldwide system of inspection of places of detention, which later took the form of an Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. For a long time, however, the necessary support for such an optional protocol was not forthcoming. As a consequence, the UN Committee Against Torture had at its disposal only relatively weak instruments: it could analyse and discuss the self-reports of the respective governments and create the institution of a Special Rapporteur on Torture. But neither CAT nor its Special Rapporteur had the power to visit countries, let alone inspect prisons, without the respective government's permission. In 1987, the Council of Europe realized the original idea on a regional level with its European Convention for the Prevention of Torture. On this basis, the European Committee for the Prevention of Torture has demonstrated that regular visits, reports and recommendations to the governments as well as the publication of these reports and the governments' reactions the viability of this model. This in turn led to a breakthrough within the United Nations: OPCAT was created and opened for signatures on 18 December 2002 by the UN General Assembly. After ratification by 20 states, the Optional Protocol came into force on 22 June 2006.
Ratification status
As of October 2019, 90 states have ratified the protocol: Afghanistan, Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cape Verde, the Central African Republic, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Honduras, Hungary, Iceland, Italy, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Nauru, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Rwanda, Senegal, Serbia, Slovenia, South Africa, South Sudan, Spain, Sri Lanka, State of Palestine, Sweden, Switzerland, Togo, Tunisia, Turkey, Ukraine, United Kingdom, and Uruguay. A further 15 states have signed but not ratified the protocol: Angola, Belgium, Cameroon, Chad, Republic of the Congo, East Timor, Guinea, Guinea-Bissau, Ireland, Sierra Leone, Slovakia, Venezuela, and Zambia.
