What is the Optional Protocol to the Convention against Torture?
The Optional Protocol to the Convention against Torture (OPCAT) is an international treaty that was adopted by the United Nations General Assembly in 2002. The purpose of OPCAT is to prevent and combat torture and other cruel, inhuman, or degrading treatment or punishment. It applies to both public and private places of detention, including prisons, police stations, mental health facilities, and immigration detention centers. OPCAT requires that states create a domestic system of independent monitoring bodies with the authority to periodically visit places of detention and assess the conditions of people detained there. These monitoring bodies must be comprised of non-governmental individuals, such as experts in the fields of human rights or medicine, and have access to all areas of the facility and the people detained within. In South Carolina, the Department of Corrections has implemented a system of internal oversight which meets some of the standards set by OPCAT, including an Independent Oversight Board and an internal Office of Professional Standards. Individuals in detention have access to an Ombudsman as well. The current monitoring system in South Carolina does not, however, meet the full requirements of OPCAT, as it lacks the independence, authority, and resources necessary for effective oversight.
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