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Guatemala paves the way for a national anti-torture body

Published 12.10.2010

On 7 October 2010, the National Congress of Guatemala passed a law on the National Preventive Mechanism (NPM).

Guatemala has established the legal basis for creating a national oversight mechanism, the NPM, which will monitor all places of detention in the country with a view to strengthening the protection against torture. Hereby Guatemala has come one step closer to fulfilling its obligations under the Optional Protocol to the UN Convention against Torture (OPCAT), which it ratified in 2008.

The new law is expected to have a significant impact on the prevention of torture and other cruel, inhuman or degrading treatment or punishment in Guatemala. It paves the way for setting-up a specialist anti-torture body, which will conduct regular and independent visits to prisons, police stations and other places of detention. One of the purposes of the NPM is to examine the treatment and conditions of persons deprived of their liberty and enter into a dialogue with the authorities about how to prevent violations of the human dignity and integrity of the most vulnerable persons in society.

"With this new law, Guatemala has gained a powerful tool with which it can improve the inhuman treatment and the deplorable conditions in many Guatemalan prisons through a sustained and constructive dialogue with the authorities", says Therese Rytter, Legal Advisor of the RCT.

RCT has a long term commitment to Guatemala and has been supporting the process of torture prevention for over a decade. The adoption of the NPM law represents a milestone in the joint efforts of national and international organizations, notably the RCT's long-standing partner organization in Guatemala, the Human Rights Office of the Archbishop of Guatemala (ODHAG), and the Office of the High Commissioner for Human Rights, to put an end to the practice of torture.

The Optional Protocol introduces a system of regular visits by independent international and national bodies to places of detention to prevent torture and other ill-treatment. The NPM is the national arm of the Optional Protocol, which entered into force in 2006. The Optional Protocol is based on the idea that the more open and transparent the places of detention are, the fewer abuses will find place.

Homepage of ODHAG

For further details on the NPM law

For further details on the Optional Protocol

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