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Dear Minister OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT ('CAT') Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers promoting awareness and advocacy of human rights law in Australia. On 18 July 2002, the Economic and Social Council (ECOSOC) will consider the Draft Optional Protocol to Convention Against Torture (CAT). CAT has been ratified by 129 States and enjoys widespread support. ALHR welcomes the Optional Protocol to CAT and encourages the Australian Government to support its adoption when it is considered by ECOSOC. The Optional Protocol will establish mechanisms for the prevention of torture. In addition to the terms of CAT, these mechanisms will reflect the obligations on States under articles 7 and 10 of the International Covenant on Civil and Political Rights. The Human Rights Committee's General Comments Number 20 at paragraph 11, and Number 21 at paragraph 6, confirm that States should keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment is an effective means of preventing cases of torture and ill-treatment. The terms of the proposed Draft Optional Protocol are not controversial. Many of the States which oppose its adoption continue sanction torture, inhuman and cruel treatment of people in their jurisdiction. If Australia votes against the Draft Optional Protocol it will signal, in particular to States within the Asia-Pacific Region which permit torture to take place, that Australia will turn a blind eye to their activities. In Amnesty International's 2002 World Report, it noted that victims of torture and ill-treatment by security forces, police and other state authorities were reported in 19 out of the 29 countries in the Asia-Pacific Region. A negative vote by Australia may be taken as condoning their practices. ALHR encourages the Australian Government to take the lead in the Asia-Pacific Region by voting for the Draft Optional Protocol to CAT and supporting those States in the region to do the same. We look forward to hearing from you. Yours sincerely, Simon Rice This page last updated 4th May 2004 |