OPCAT

COVID-19 – A Crucial Resource for Crucial Times

Far ahead of the curve as usual, international NGO Penal Reform International has published a much-needed resource at a time of increasing public health emergency. The publication, Coronavirus: Healthcare and human rights of people in prison, issued on 16 March 2020, is targeted at various criminal justice actors, especially country prison services as well as prison administrators, Canada no exception.

Its application, however, potentially goes well beyond prisons as places of deprivation of liberty with relevance to many other detention settings, as foreseen under OPCAT Article 4.

PRI’s COVID-19 prison Briefing.

Multiple concerns about the high risk of potential transmission of the COVID-19 virus among federally and provincially incarcerated prisoners have been highlighted recently by different actors in the Canadian news media. A Globe & Mail opinion piece on 17 March 2020 called for the release of non-violent offenders.

The Canadian Association of Elizabeth Fry Societies expressed some alarm earlier this week about the Correctional Service of Canada’s preparedness to manage the COVID-19 outbreak and reduce the harm to prisoners, as highlighted in a public statement.

The opening paragraph of PRI’s Briefing sets out the current state of general concern about the COVID-19 virus in relation to prison settings:

“At the time of publishing there were more than 164,000 confirmed cases of COVID19, the novel form of Coronavirus, affecting 110 countries with more than 6,470 deaths. In this briefing we assess the current situation of COVID-19 outbreaks and prevention measures in prisons and wider impacts of responses to governments on people in criminal justice systems. This briefing note argues for action to be taken now and immediately, given the risk people in prison are exposed to, including prison staff.”

According to PRI’s accompanying press release, the focus of the new COVID-19 resource is as follows:

Where widespread community transmission of COVID-19 is occurring, there are legitimate concerns of this spreading to prisons. The outbreak of any communicable disease presents particular risks for prisons due to the vulnerability of the prison population and not least because of the difficulties in containing a large outbreak in such a setting. People detained are vulnerable for several reasons, but especially due to the proximity of living (or working) so closely to others – in many cases in overcrowded, cramped conditions with little fresh air.

People in detention also have common demographic characteristics with generally poorer health than the rest of the population, often with underlying health conditions. Hygiene standards are often below that found in the community and sometimes security or infrastructural factors reduce opportunities to wash hands or access to hand sanitizer.

Any coronavirus outbreak in prisons should – in principle – not take prison management by surprise, as contingency plans for the management of outbreaks of communicable diseases should be in place. This is an essential part of the obligation of the state to ensure the health care of people in prison required by international human rights law.”

Prison, Oslo – Erik (2017).

The Briefing is replete with practical guidance as well as with country examples which have emerged to date (including from Canada) of the restrictions placed on prison regimes in the light of the global pandemic. In doing so, the resource is structured around the following themes:

  • Civil rights, right to health and preventing COVID-19 in prisons with a focus on (1) the right to health and hygiene, (2) contact with the world outside, (3) quarantine, isolation or limitation on movements within detention facilities, (4) fair trials and the right to legal counsel, (5) detention monitoring, and (6) the health of prison staff;
  • Emergency measures to reduce prison populations;
  • Prison sentences for Coronavirus-related offences.

It is highly relevant that one section of the new resource focuses on the important role of independent detention monitors during the current global public health crisis. Under the section on page 9 titled ‘Detention monitoring and right to prohibition of torture and ill-treatment’ the following is observed:

“States should guarantee access to prison for monitoring bodies. While some protective measures are legitimate, there is no evidence indicating that during the COVID-19 pandemic places of detention should not be accessed by monitoring bodies.

States should follow the principles laid out in Optional Protocol to the Convention against Torture, as their legal obligation for those who have ratified it, and as a guidance for those who have not yet ratified the instrument.

Access of monitoring bodies is a key safeguard against torture and other ill-treatment. It can prevent human rights violations from taking place, but also provides opportunities for reporting ill-treatment and for taking action.”

While not an OPCAT State Party, it is axiomatic that Canada should also adhere to the guidance and principles set out in PRI’s Briefing and permit continued access to prison facilities located throughout the country by independent oversight bodies. The recent Annual Report of the Office of the Correctional Investigator spelled out in no uncertain terms why independent monitoring of such facilities is so crucial in the country.

In summary, Penal Reform International has once again succeeded in providing criminal justice and human rights actors with a timely resource at a particularly trying global moment, adding to their 30 years of many accomplishments. Very well done PRI.


Read Coronavirus: Healthcare and human rights of people in prison.

See the related press release.

Explore PRI’s other key publications under Other Resources, including the recent publications, Women in prison: mental health and well-being – a guide for prison staff and Guidance Document on the UN Nelson Mandela Rules.

Read OHCHR’s 16 March 2020 statement on COVID-19 and human rights.

Posted by mp in COVID-19, Independent detention monitors, NPMs, OPCAT, Oversight bodies

A Silence Not Golden – ATIP Request Update

Silence may not always be golden, as the outstanding response to the Canada OPCAT Project’s recent Access to Information & Privacy Request (ATIP) has most positively proven. Global Affairs Canada has regrettably failed to respond to the website within the permitted 75-day deadline.

As a result of the ongoing silence, the Canada OPCAT Project has filed a complaint with the Office of the Information Commissioner of Canada. Established in 1983, this mechanism carries out confidential investigations into complaints about federal institutions’ handling of Access to Information Requests, including in cases of non-response.

To briefly recap, an ATIP Request was submitted to Global Affairs Canada on 23 December 2019 to determine to what extent Canada had acted on a key international recommendation to ensure greater consultation with civil society and Indigenous organizations on the ratification of the OPCAT.

Silence, please – Shawn Rossi (2008)

More frequent visitors to the Canada OPCAT Project website will recall that in its Concluding observations the UN Committee against Torture had recommended in December 2018 that Canada should undertake the following steps:

“Complete the process towards accession to the Optional Protocol to the Convention, while introducing mechanisms to ensure the participation of civil society, indigenous groups and other stakeholders in the entire process.” [§21d]

In the December 2019 ATIP Request to Global Affairs Canada (the lead Federal Department on OPCAT ratification), the Canada OPCAT Project asked for the following information.

“In view of this key United Nations recommendation, please provide copies of any written communications such as letters and emails with Canadian civil society organizations and National Indigenous Organizations on the question of accession by Canada to the Optional Protocol to the UN Convention against Torture since 1 December 2018 to the 21 December 2019.

Please also provide copies of any backgrounders, briefing notes, presentations or other relevant documents for discussion with Canadian civil society organizations and National Indigenous Organizations on the question of Canada acceding to the Optional Protocol to the UN Convention against Torture.”

In late January 2020 Global Affairs Canada responded, stating that it required an additional 45-days to process the request, which, according to the relevant legislation, was due no later than 7 March 2020.

Silence is golden – Lorie Shaull (2015)

Frustratingly, Global Affairs Canada’s continued silence can only be construed as a failure to respond to the initial petition, despite having more than 80 days to process the said request.

Regrettably, today’s complaint was not the first instance when the Canada OPCAT Project has been forced to resort to the Office of the Information Commissioner in order to elicit a response from a Federal Government Department. In 2018 Justice Canada failed to respond to an ATIP Request about the on-going OPCAT consultation process within a similarly extended time period, resulting in the lodging of a complaint with the institution.

The eventual response of Justice Canada to the information request arrived in a highly redacted form, casting a dark shadow over the Canadian authorities’ genuine commitment to an open and transparent OPCAT consultation process. The paucity of information since shared by any federal agency on this important human rights issue, including by Global Affairs Canada, has only reinforced this highly disappointing impression.

We can only hope that the final response from Global Affairs Canada will be worth the long wait.


Read more about the Canada OPCAT Project’s ATIP Request from December 2019 and the initial response from Global Affairs Canada from January 2020.

See Justice Canada’s highly redacted response to the website’s 2018 ATIP Request and read what we found out about the OPCAT consultation process.

Posted by mp in Civil society, Consultation, Indigenous people, OPCAT

The Argument for External Oversight of Federal Prisons – The New OCI Annual Report

The recently published Annual Report of the Office of the Correctional Investigator (OCI) reinforces the argument for independent, external oversight of federal prisons in Canada. Issued in mid-February 2020 in both English and French, the OCI Annual Report throws a critical spotlight on an array of problems currently afflicting the federal prison estate.

Even though not an official OPCAT-inspired NPM entity, the Office of the Correctional Investigator is the closest Canada has to such a body. A 2019 report highlighted the many strengths of the mechanism from an OPCAT perspective.

In view of the OCI Annual Report’s less-than-flattering findings, it remains baffling that Canada has yet to put pen to paper to ratify the OPCAT, more so in view of the fact that a former Minister of Foreign Affairs stated that the OPCAT was no longer optional for Canada nearly four years ago.

It should also be noted that Correctional Investigator himself, Dr. Ivan Zinger, has repeatedly urged ratification of the instrument, including in a recent OCI Annual Report.

The OCI Annual Report 2018-2019 groups its findings and related concerns into six chapters as follows:

  • Healthcare in federal facilities;
  • Deaths in custody;
  • Conditions of confinement;
  • Indigenous corrections;
  • Safe and timely reintegration;
  • And federally sentenced women.

For the time-poor reader Dr. Zinger’s introduction to the OCI Annual Report, his so-called Correctional Investigator’s Message, offers an excellent overview of the report and his main concerns and recommendations. For ease of reference, a summary of his recommendations is also compiled in Annex 1 of the report.

Even so, the following paragraphs penned by the Correctional Investigator, highlighting contemporary causes of concern, merit our closer attention:

“Since assuming my duties, I have taken a special interest in identifying conditions of confinement and treatment of prisoners that fail to meet standards of human dignity, violate human rights or otherwise serve no lawful purpose. The issues investigated and highlighted in my report raise fundamental questions of correctional purpose challenging anew the assumptions, measures and standards of human decency and dignity in Canadian prisons:

  • Introduction of a standardized “random” strip-searching routine and protocol (1:3 ratio) at women offender institutions.
  • Staff culture of impunity and mistreatment at Edmonton Institution.
  • Elevated rate of use of force incidents at the Regional Treatment Centres (designated psychiatric hospitals for mentally ill patient inmates).
  • Lack of in-cell toilets on one living unit at Pacific Institution.
  • Provision of the first medically assisted death in a federal penitentiary.
  • Prison food that is substandard and inadequate to meet nutritional needs.
  • Operational challenges in meeting the needs of transgender persons in prison.
  • Housing maximum-security inmates with behavioural or mental health needs on “therapeutic” ranges that serve segregation diversion ends.” (p. 3)

Readers may recall that the Correctional Investigator dominated Canadian news headlines in January 2020 by dint of his multiple concerns about the so-called ‘Indigenization’ of Canada’s federal prison population. Dr. Zinger referred to this bleak reality as Canada’s ‘national travesty’, a concern which resonated widely and deeply among human rights actors and penal reformers in the country. It is therefore not coincidental that many of these same concerns are highlighted in the OCI Annual Report 2018-2019.

The above list of penal-related woes underscores the absolute need for independent oversight of prisons in Canada, whether federal or provincial, to which the Office of the Correctional Investigator makes an invaluable contribution. Simply put, left to its own devices Canada’s federal prison service is unlikely to quickly reform and correct practices which violate fundamental human rights without external prompting.

Furthermore, in the light of Canada’s long-overdue ratification of the OPCAT, the need for the Office of the Correctional Investigator and other analogue oversight mechanisms in the country is arguably even greater.

In the recent past other key reports of the Office of the Correctional Investigator have been highlighted on this website and come as recommended reading. The February 2019 report, Aging & Dying in Prison, which was co-published with the Canadian Human Rights Commission, is an illustrative case in point.

Prison by Matthias Mueller (2007)

The Correctional Investigator himself has captured the absolute importance of and need for the oversight function as exercised by his office in the following terms:

“I fully understand and accept that the business of prison oversight, standing up for the rights of sentenced persons and advocating for fair and humane treatment of prisoners are not activities that are widely recognized or praised. Yet, to turn a phrase made famous by a young Winston Churchill, if prisons are places where the principles of human dignity, compassion and decency are stretched to their limits, then how we treat those deprived of their liberty is still one of the most enduring tests of a free and democratic society. Independent monitoring is needed to ensure the inmate experience does not demean or degrade the inherent worth and dignity of the human person.” (p.2.)

The Canada OPCAT Project could not put it better and echos these sentiments entirely. It is high time for Canada to take the next logical step and to ratify the OPCAT.


The 2018-2019 Annual Report of the Office of the Correctional Investigator of Canada can be downloaded in English and French.

Read the related news release in English and French.

Check out the OCI backgrounder in English and French.

A related presentation deck has also been published in English and French.

Posted by mp in Independent detention monitors, Indigenous people, OPCAT, Oversight bodies, Prisons

Invaluable Indigenous OPCAT Insights

With widespread concern about the ‘Indigenization’ of Canada’s prison population hitting the news headlines of late, the publication of an invaluable new report by Andreea Lachsz comes at a very timely moment.

As part of her 2018 Churchill Fellowship to Investigate Overseas Practices of Monitoring Places of Detention the author presents numerous illuminating insights into the ‘Indigenization’ of detention in her native Australia. As a lawyer and human rights activist located in Australia’s Northern Territory (NT), Andreea Lachsz has based this excellent report on her first-hand experience engaging with the criminal justice system in this vast geographic region (roughly the size of Quebec).

As in Canada, the over-incarceration of Aboriginal and Torres Strait Islander People represents an unacceptable face of Australia’s criminal justice system. Penal Reform International’s flagship publication, Global Prison Trends 2019, portrayed this grim reality in full detail just months ago.

Andreea Lachsz’s comprehensive report tackles her chosen subject matter from several angles, as the full sub-title of her report indicates: Culturally appropriate oversight of conditions of detention and treatment of detained Aboriginal and Torres Strait Islander people in the Northern Territory’s criminal justice system – in compliance with the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (please also see below).

In summary, the author examines how the OPCAT obligation to designate an NPM could be met in the Northern Territory, specifically in relation to prisons, youth detention facilities, police custody and court custody. In order to do so, Andreea undertook visits to foreign jurisdictions that had ratified OPCAT and/or had criminal justice systems similarly experiencing the over-incarceration of Indigenous people, including in New Zealand, Canada, England, Scotland, Northern Ireland and Switzerland.

In Canada, for example, the author examined at first-hand the commendable work of the Office of the Correctional Investigator. She also took time out of a busy schedule to discuss Canada’s potential ratification of the OPCAT and other detention monitoring matters with the Canada OPCAT Project.

In the research report Andreea Lachsz offers the following summary:

The model and recommendations proposed in this report are tailored to the unique NT context. Nonetheless, given that all jurisdictions in Australia suffer from the overrepresentation of Aboriginal and Torres Strait Islander people in their criminal justice systems, many of the recommendations contained in this report will be of relevance to, and all of the best practice examples can provide guidance on, effective OPCAT implementation across Australia. (iv)

In this connection, Canadian readers may be interested to scrutinize the following essential point on the question of consultation with Indigenous and other civil society groups, namely that:

A consistent finding throughout this report is that consulting with the NT Aboriginal community and Aboriginal Community Controlled Organisations (ACCOs) is essential. Given that NPMs should be designated through an ‘open, transparent and inclusive process’, it is well-established that consultation is essential in NPM designation or establishment. Consultation should be ongoing, in relation to all aspects of the NPM’s mandate, including its inspection framework, the expectations/standards that it uses in its inspections and evaluation of its efficacy and cultural competency … If the NT NPM is to be effective, it must achieve legitimacy among the Aboriginal community (which extends to those who are detained, with whom the NPM will need to engage). (iv)

The above is a key lesson for the Canadian context, arguably even more so in the light of the closed and opaque nature of the OPCAT ratification ‘consultation’ process undertaken so far in the country. In short, good OPCAT practice behooves the authorities – whether Australian or Canadian – to consult with Indigenous organizations (as well as wider civil society) during any OPCAT consultation process.

Chain-link Prison Fence – Jobs for Felons Hub (2016)

As for concrete OPCAT-related action in Australia, Andreea Lachsz concludes that the overrepresentation of Aboriginal people in places of detention in the Northern Territory’s criminal justice system highlights the pressing need to take a tailored and targeted approach to the prevention of torture and ill-treatment of Aboriginal people. In so doing, she recommends the establishment of a so-called Aboriginal Inspectorate as the NPM, acknowledging the reality that “… the vast majority of the detainees who will fall within the mandate of an NPM operating in the criminal justice space will be Aboriginal.” The advantages of such a bespoke NPM-related strategy are several, including:

  • it adopts a targeted approach to the protection needs of Aboriginal and Torres Strait Islander people detained in the NT;
  • the NPM will have the requisite multidisciplinary expertise, specifically in relation to the needs and situation of Aboriginal detainees;
  • it will result in an NPM whose foundation and structures support organisational cultural competency.

It is the advocacy for this customized NPM approach which makes Andreea Lachsz’s report both unique and fascinating. In multiple chapters of her report the author fills in with considerable detail what an Aboriginal Inspectorate might look like in Australia’s Northern Territory and how it could operate in practice, including in relation to visits to places of detention. Given its highly original focus, to date, the Canada OPCAT Project knows of no other study to offer this level of detailed NPM analysis from an Indigenous perspective, rendering it a highly distinctive and much-needed piece of scholarship.

While it remains to be seen if Australia will adopt a custom-made NPM for the Northern Territory in this proposed format, it is unquestionable that Andreea Lachsz has made a first-rate and timely contribution to Australia’s ongoing discussion on the implementation of the OPCAT in the country.

Furthermore, for countries, like Canada, which continue to imprison a disproportionately large numbers of their Indigenous citizens, the author offers human rights actors and policy-makers alike numerous invaluable insights and ideas. All told, Andreea Lachsz’s new report puts a unique slant on how the OPCAT might be implemented in a country where the ‘Indigenization’ of detention remains an incontestable reality and one desperately in need of change.


Read Andreea Lachsz’s 2018 Churchill Fellowship to Investigate Overseas Practices of Monitoring Places of Detention.

Find out more about the Winston Churchill Trust.

See why the Office of the Correctional Investigator considers the ‘Indigenization’ of Canada’s federal prison population a national travesty.

Learn more about the OPCAT implementation process in Australia.

Posted by mp in Australia, Indigenous people, NPMs, OPCAT

Australian Civil Society Leads The Way

Amazing. Unbelievable. Superb. Terrific. Remarkable. Awesome. Lovely. Incredible. Ace. Outstanding. Peerless. Cracking. Astounding. Top-notch. Number 1. Excellent. Tip-top. Wizard. Out-of-sight. Regal. Knock-out … What does it spell? The Australia OPCAT Network of course.

Why does the Canada OPCAT Project think so highly of the work of this fabulous collective of individuals and institutions? Look no further than below, readers.

In preparation of visits to Australia by the UN Subcommittee Committee on Prevention of Torture and the UN Working Group on Arbitrary Detention in the coming months, Australian civil society has painted a detailed picture of how the OPCAT is being implemented in the country, warts and all.

The Australia OPCAT Network, a grouping of a score or two of some of the country’s top human rights activists, academics and detention monitors, has done so through the publication on 31 January 2020 of the document, The Implementation of OPCAT in Australia. The document will no doubt prove to be a highly useful tool for the UN bodies on the cusp of visiting Australia. Readers are invited to download the document at the bottom of this page.

In short, the Australia OPCAT Network unquestionably represents a leading, best practice model of how civil society is industriously and strategically working together to ensure the effective institution of an NPM in the country. Canadian and other human rights actors could do much worse than take a leaf or two from out of the ‘NPM Strategy Manual’ of this highly impressive third-sector collective.

It is certainly not by accident that Australia has featured in these Canada OPCAT Project pages multiple times over the past year as a leading example of a country where civil society is striving to implement the OPCAT effectively. Please see the following posts for example: 1, 2, 3, 4, 5, and 6.

Australia – Marko Mikkonen (2013).

Yet the process of implementing the OPCAT in Australia, while with many merits, is not entirely unproblematic, as the new Australia OPCAT Network publication correctly highlights. Chapter 1 of the document identifies some of the current challenges, presenting a raft of some ten highly detailed recommendations (see page 32).

Overall, the report focuses on vitally important matters such as the even implementation of an NPM across multiple federal and state jurisdictions, the effectiveness of existing oversight bodies, the full coverage of Australia’s OPCAT commitments as defined by OPCAT Article 4, and the need for the government’s full and open engagement and cooperation with civil society.

The other chapters in the publication focus on different deprivation of liberty settings, including: Australia’s highly controversial immigration detention estate; detention of persons with disability; prisons, youth justice and police custody; and aged care settings. As the Executive Summary of the report observes:

At the same time, traditional places of detention continue to raise significant challenges. Prisons and other justice facilities experience overcrowding, inadequate services and conditions, and overuse of seclusion, together with the pressure of increasingly complex inmate populations.

Uniquely, the document (in chapter 6) also focuses on the perspective of Indigenous persons in different detention settings in Australia. As reported by Canada’s Office of the Correctional Investigator just last month, Australia also suffers from scandalously high levels of ‘Indigenization’ of its prison population as well as in other institutions.

This chapter superbly also complements the excellent recent in-depth research of Churchill Fellow Andreea Lachsz into this reality and the need for effective oversight, a work soon to be featured in these pages.

In sum, the Australia OPCAT Network deserves every one of the effusive adjectives packed into the opening paragraph of this article for this outstanding as well as unquestionably extremely useful contribution. For those of us hoping for a similarly positive OPCAT outcome in Canada, the Network offers much-needed and welcome inspiration.


Read Andreea Lachsz’s Churchill Fellowship to Investigate Overseas Practices of Monitoring places of Detention.

Explore other related articles in the Australian Journal of Human Rights OPCAT Special edition.

Posted by mp in Australia, Indigenous people, NPMs, OPCAT

UN Disability Expert Urges OPCAT Ratification

In a recently published report the UN Special Rapporteur on the rights of persons with disabilities has called on Canada to ratify the OPCAT. In doing so, she joins an array of other UN experts and mechanisms to have urged Canada to ratify the instrument in recent years.

Following her April 2019 fact-finding mission to Canada, the UN’s top disability expert urged “… the Government of Canada to ratify the Optional Protocol on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to establish a national preventive mechanism.” (please see §79) This key recommendation was made in the report of the visit published on 19 December 2019.

In her report Catalina Devandas-Aguilar expressed concern about the deprivation of liberty and involuntary treatment of persons with disabilities in Canada, a wider issue of concern which was previously verbalized in a 2019 report. The UN disability expert stated:

The Special Rapporteur was informed that the number of involuntary hospitalizations was increasing. Furthermore, a significant number of persons with psychosocial disabilities cannot leave hospital due to the lack of community-based alternatives. The extensive use of seclusion and restraints, including chemical restraints, is also a concern, especially since there is no independent monitoring of mental health facilities. [see §79]

The UN Special Rapporteur further recommended that the government establish independent monitoring mechanisms at the provincial and territorial level for centres for deprivation of liberty, including hospitals and institutions [see §101e].

disability expert
Catalina Devandas-Aguilar, United Nations, Special Rapporteur on the Rights of Persons with Disabilities during A Day For All Event, 3 December 2015 – Photo / Jean-Marc Ferré

In Canada’s 14-page response to the UN Special Rapporteur’s report of the mission to Canada dated 24 December 2019, the Canadian Government did not offer any comment or provide additional information on the recommendation that Canada ratify the OPCAT.

In issuing the OPCAT recommendation, the UN disability expert joins the UN Special Rapporteur on violence against women who issued this same recommendation after a country visit to Canada in 2018.


Read the report of the UN Special Rapporteur on the rights of persons with disabilities of her April 2019 mission to Canada.

Read the response of Canada to the report.

Learn more about the UN Special Rapporteur on the rights of persons with disabilities in English and French.

Visit the UN Special Rapporteur’s Embracing Diversity website, including its section on Canada.

Posted by mp in NPMs, OPCAT, UN Special Rapporteur

More Essential Christmas Reading – The UNCAT & its Optional Protocol

Christmas really did come early this year – very early.

Who would have thought that the second edition of the key publication, The United Nations Convention against Torture and its Optional Protocol: A Commentary would ever be made available free-of-charge as an open source document? The book currently retails at over 400 CDN, but you can access an electronic version for free (by clicking on the Open Access icon on the top right of the screen at the following link). Its editors Manfred Nowak, Moritz Birk and Guiliana Monina as well as the publishers have our immense thanks!

Flabbergasted? Entirely.

Originally published by Oxford University Press in 2008, this key reference work on the UN Convention against Torture and its Optional Protocol now has updated sections, including on the implementation of the OPCAT and the operation of NPMs in practice. The publication is a veritable goldmine for countries like Canada which have yet to ratify the OPCAT and might require an authoritative account of the instrument’s main articles.

For the record, while Professor Nowak et al edited and wrote much of this volume, the majority of the 300-odd pages in the section of the book focusing on the OPCAT were penned by Kerstin Buchinger and Stephanie Krisper. Both writers have been engaged in the activities of the Austrian NPM, the Austrian Ombudsman Board, so have experienced NPM work at first hand.

Over a decade ago this Canada OPCAT Project writer was only ever able to read the first edition of this fantastic tome, as Professor Nowak had very kindly presented a copy as a gift to the Association for the Prevention of Torture, where this author was employed at the time – such was its hefty cost. In a nutshell, the Canada OPCAT Project is therefore only too pleased to bring to your attention this excellent resource, which readers might wish to put right on top of their Christmas reading list.


Discover more essential Christmas reading on the OPCAT here.

Access Nowak et al The UN Convention against Torture and its Optional Protocol: A Commentary.

Explore the OPCAT Academics section of this website.

Posted by mp in NPMs, OPCAT, Publication, Tools

COPCAT Shorts – Why the ICRC works in prisons?

The Canadian Red Cross monitors places of immigration detention in Canada, including federally-run detention centres and provincial prisons. The organization does so for some of the same reasons as depicted in the above video.

Published by the Canadian Border Services Agency on 14 February 2019, a first report highlighted the findings of Canadian Red Cross monitoring of immigration detention in Canada in the period September 2017 to March 2018. A French version of this key report is also available on the same website.   

According to the Canadian Red Cross, it endeavours to visit detention centres to which it has access four times per year with a view to making an assessment based on Canadian and international standards. During visits to detention centres it focuses on the following aspects:

  • the treatment of detainees (by staff and other detainees);
  • conditions of detention;
  • ability for detainees to contact and maintain contact with family members;
  • and legal safeguards.
Special Issue
Detained abstracts 1 by Greenmonster (2010).

More detailed information about the above approach can be found in a previously published article on this website about the first Canadian Red Cross annual report. Its main components are also highlighted in the featured video clip.

The number of migrants deprived of their liberty in Canada is not at all insignificant. According to the Canada Border Services Agency, in the fiscal year 2017-2018 some 8,355 persons were detained for a total of nearly 120,000 detention days in Canada. Of this number, 6,609 persons were held in one of the country’s three Immigration Holding Centres, while the remainder were detained in provincial and other facilities.

Over the past year the Canada OPCAT Project has published various articles on the detention of migrants in Canada, including on the December 2018 recommendation of the UN Committee against Torture that a permanent oversight structure be instituted in the country. If ever ratified by Canada, any future NPM under the OPCAT would inevitably require unfettered access to all facilities where migrants are deprived of their liberty throughout the country.

Yet with seemingly little progress on the OPCAT ratification front, such an NPM might be long in the coming. Thus, for the here and now the Canadian Red Cross’ monitoring of immigration detention remains a key part of the Canadian detention oversight framework, for some of the reasons very well explained in the above ICRC video.


Read Juan Mendez’s article on the Right to a Healthy Prison Environment.

Learn More about the recently published Global Study on Children Deprived of Liberty.

Find out more about the Joint UN Statement on Child Immigration Detention.

Read an OPCAT Focus on Immigration Detention.

Posted by mp in Children deprived of liberty, ICRC, Immigration detention, Independent detention monitors, OPCAT, Oversight bodies

Global Study on Children Deprived of Liberty Press Conference

On 18 November 2019 the Independent Expert leading the global study on children deprived of liberty, Professor Manfred Nowak, spoke at the Global Study on Children Deprived of Liberty Press Conference in Geneva, Switzerland.

The event marked the official release to the media of the final report on the ‘Global study on children deprived of liberty’, which Professor Nowak had originally submitted to the Third Committee of the General Assembly during its 74th session in New York on 8 October 2019.

Professor Manfred Nowak appearing at the Global Study on Children Deprived of Liberty Press Conference in Geneva, Switzerland, on 18 November 2019 – copyright of UN Web TV.

During the press conference Professor Nowak outlined the focus and findings of the final report, which examined six situations of children deprived of their liberty, including in the administration of justice, children living in prisons with their primary caregivers, migration-related detention, institutions, armed conflict and national security contexts. Shockingly, the study had found the following:

“Data collected for the study and well-grounded scientific approximations indicate that, altogether, a minimum of between 1.3 and 1.5 million children are deprived of liberty per year. Of those, the largest number are in institutions (430,000–680,000), followed by those in the administration of justice (410,000), migration-related detention (330,000), in armed conflict situations (35,000) and for national security reasons (1,500). An additional 19,000 children are living with their primary caregivers in prisons.”

Worse still, the above figures were deemed to be conservative estimations. Canada, like all countries, makes its own contribution to the above figures. Just this past week, CBC Radio threw a spotlight on a new report by the Canadian Council for Refugees, highlighting that children were still being held in immigration detention on a ‘regular basis’, despite government directives to the contrary.

An earlier Canada OPCAT Project article looked at the need and key recommendation of the report for independent oversight of such detention contexts, including immigration detention, through the ratification of the OPCAT.

Spooling backwards, and as noted in the summary of Professor Nowak’s report, in its resolution 69/157 of 18 December 2014 the UN General Assembly had invited the Secretary-General to commission an in-depth study on children deprived of liberty. Professor Manfred Nowak, a former highly impressive UN Special Rapporteur on torture, was appointed as the Independent Expert leading the study in October 2016.

The final report represents the first scientific attempt, on the basis of global data, to comprehend the magnitude of the situation of children deprived of liberty, its possible justifications and root causes, as well as conditions of detention and their harmful impact on the health and development of children. Even the briefest of glances at the final report’s conclusions and multiple related recommendations reveal that there is a great deal of work to be to done in this regard.

During the press conference Professor Nowak replied to a wide range of questions relating to the report and children deprived of their liberty from around the globe, including on the OPCAT and scope of deprivation of liberty. Interested readers can watch the full hour-long press conference on demand on UN Web TV, including a summary of the report’s key findings (ending at around the 15-minute mark).

Professor Nowak was scheduled to present his full report at two events in Geneva on 19 November 2019, more details about which can be found on the Twitter account and web-page of the Global Study on Children Deprived of Liberty.


Watch the Global Study on Children Deprived of Liberty Press Conference.

Find out more about Children Deprived of Liberty – The United Nations Global Study.

Read the report in English or in French.

Read why the UN Independent Expert Manfred Nowak urges OPCAT ratification.

Consult the new International Detention Coalition briefing paper on alternatives to immigration detention, Alternatives: Learning What Works & Why?

Posted by mp in Children deprived of liberty

The European Committee for the Prevention of Torture at 30

The eminent regional torture prevention body, the European Committee for the Prevention of Torture (CPT), recently hit a hugely important milestone in its lifetime, celebrating its 30th anniversary. It would be no exaggeration to state that this distinguished Council of Europe detention monitoring body has lead the way torture prevention-wise and has set a very high global standard for the operation of other UN and regional mechanisms.

Image taken from the CPT web document, Preventing torture in Europe: The CPT at thirty, available here.

Moreover, the many torture prevention tools it has developed are unique and are potentially a superbly useful resource for Canadian human rights actors, despite Canada not belonging to the Council of Europe as an entity. The recent launch of an online torture prevention course is an illuminating case in point, as are the CPT’s many other resources, which are also highlighted on this website.

The 30th anniversary of the European Committee for the Prevention of Torture was celebrated at the Palais de l’Europe in Strasbourg, France on 4 November 2019, and was marked by a high-level opening ceremony and conference titled ‘Implementing Safeguards in the First Hours of Police Custody’. Canadian readers can watch both events on demand in English and French at the links below. The keynote speech delivered by the CPT’s former long-term President, Silvia Casale, in particular merits closer attention.

In a nutshell, the Canada OPCAT Project wishes the CPT a very happy 30th anniversary and congratulates it on three decades of unparalleled work in preventing torture and other ill-treatment in the Council of Europe region as well as, equally as importantly, for empowering other actors to do so.

Even though the Council of Europe’s overall legal framework may not directly apply to Canada, the standards and tools developed by the CPT over the course of three decades are still highly relevant, not least as they advance and draw on best practice.

Moreover, a standard practice on the part of the CPT is to recommend to states to put in place independent oversight bodies with responsibility for monitoring different places of detention and to ratify the OPCAT and institute effective NPMs, as highlighted in the organization’s 22nd General Report from 2012. The CPT’s many resources are there to be explored, especially for Canadian readers who may be less familiar with the organization.

In short, may the CPT’s excellent work continue for many more decades to come. Happy Birthday!


Read the CPT retrospective, Preventing torture in Europe: The CPT at thirty in English and French.

Visit the CPT’s 30th anniversary web-page in English and French.

Watch the opening 30th anniversary ceremony in English and French.

Watch the 30th anniversary conference in English and French.

Read the CPT’s 22nd General Report with a focus on NPMs in English and French.

Posted by mp