January 16, 2002

US Presents Proposal for an Alternative Draft Optional Protocol to the Convention Against Torture

Statement by Steve Solomon
Head of Delegation

-- The U.S. is keenly interested in practical suggestions for increasing the effectiveness of the implementation of the Convention against Torture, and in particular in furthering its preventative elements.

-- Different views clearly remain on certain important issues. We remain concerned, for example, about several elements of the proposals on the table, in particular, the creation of a new and costly international, mandatory visiting mechanism. Serious legal, practical and prudential objections remain with this idea.

-- The U.S. approach was put together from ideas that have been the subject of discussion and suggestion in this and previous sessions. It does reflect a different view from that supported by those who prefer an unrestricted mandatory visiting mechanism. But in doing so, the principles we have kept in mind are ensuring we add value, that we avoid any diminshment of international standards, that we focus on practical solutions, that we move forward together.

-- We have, accordingly, provided this morning draft treaty language that takes these ideas as they have been discussed and suggested and endeavors to put them into treaty language.

-- We hope that states will consider it in the same positive light that the ideas, that it hopefully well reflects, were discussed by us and others in the past.

-- The draft involves what amounts to three pillars, rather than two, in this sense:

-- First, it encourages strong national mechanisms to help prevent torture at the national level. There are strong indications of support on this point.

-- Second, it recognizes the important role that regional mechanisms, including those based on visits, such as the European CPT can play.

-- Third, it establishes an international body, a subcommittee on prevention, that would work under the direction of the Committee Against Torture, both supporting it and national mechanisms that might be established. Again, we sense strong support for this point as well.

-- Importantly, the draft aims to reinforce the CAT, providing it additional resources and capacities that are clearly needed. Furthermore, it's focus in this regad is broader than Article 20 inquiries. At the international level, our approach provides for the possibility of visits by the CAT but does not make them mandatory. These would be visits that would not require a trigger of an indication of systematic torture. Indeed, it avoids this trigger and the implications it might carry as well as the resistance by states it's invocation therefore can result in.

-- As we described in capitals in the fall and here in Geneva when we described the bundling of these various elements of our past discussions, we value greatly the efforts of all concerned and all those who have contributed ideas and energy to this process and remain firmly committed to work towards a consensus solution.

-- Thank you.