34/16 Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - Report of the Secretary-General

GE.16-22125(E)



Human Rights Council Thirty-fourth session

Agenda item 2

27 February-24 March 2017

Annual Report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

United Nations High Commissioner for Human

Rights and the Secretary-General

Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Report of the Secretary-General

Summary

In the present report, submitted in accordance with General Assembly resolution

70/146, the Secretary-General provides information on the status of the Special Fund

established by the Optional Protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment, including on its critical financial

situation.

United Nations A/HRC/34/16

I. Introduction

A. Submission of the report

1. The present report was prepared in accordance with General Assembly resolution

70/146, in which the Assembly encouraged contributions to the Special Fund established by

the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment, and requested the Secretary-General to report to the

Human Rights Council on the operations of the Fund. The report covers the activities of the

Special Fund undertaken from 1 January to 8 December 2016.

B. Mandate of the Special Fund

2. The Special Fund was established pursuant to article 26 of the Optional Protocol to

help to finance the implementation of the recommendations made by the Subcommittee on

Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

following a visit to a State party to the Optional Protocol, and to finance education

programmes of national preventive mechanisms.

3. The Special Fund receives voluntary earmarked contributions from Governments,

intergovernmental and non-governmental organizations and other private or public entities.

C. Management of the Special Fund

4. The Special Fund is administered by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with the Financial Regulations

and Rules of the United Nations.

D. Eligibility criteria

5. Applications to the Special Fund may be submitted by State institutions of States

parties to the Optional Protocol that have been visited by the Subcommittee and their

national preventive mechanisms that have agreed to the publication of the Subcommittee’s

report. Applications may also be submitted by national human rights institutions that are

compliant with the principles relating to the status of national institutions for the promotion

and protection of human rights (the Paris Principles) and by non-governmental

organizations if the proposed projects are to be implemented in cooperation with eligible

States parties and/or national preventive mechanisms. Only applications relating to

recommendations contained in reports of visits by the Subcommittee that have been

published in accordance with article 16 (2) of the Optional Protocol, and hence are no

longer confidential, may be considered.

II. Activities of the Special Fund

A. 2016 and 2017 project cycles

6. The fifth call for applications to the Special Fund, for grants for projects to be

implemented in 2016, closed on 16 October 2015. Projects concerning 16 eligible States

(Argentina, Armenia, Benin, Brazil, Gabon, Germany, Honduras, Kyrgyzstan, Maldives,

Mali, Malta, Mexico, New Zealand, Paraguay, Republic of Moldova and Sweden) and one

eligible national preventive mechanism (Senegal) could have been submitted. Applicants

could have requested grants of up to $25,000 for project activities to be implemented

between 1 January and 31 December 2016.

7. A total of 19 applications were received concerning nine eligible States (Argentina,

Armenia, Benin, Brazil, Kyrgyzstan, Mexico, New Zealand, Paraguay and Republic of

Moldova). In accordance with the guidelines for applications, the secretariat of the Special

Fund conducted an extensive evaluation of the project proposals received by the deadline in

the light of the thematic priorities identified, taking into consideration the outcome of

informal consultations held with members of the Subcommittee. Projects addressing any

other specific recommendation in the visit reports that was considered pressing and

compelling were also considered. After review, eight grants were awarded to projects

aimed at implementing recommendations made by the Subcommittee in seven eligible

States (Armenia, Benin, Brazil, Mexico, New Zealand, Paraguay and Republic of

Moldova), for a total of $184,107 (see annex).

8. Since its first call for applications for projects to be implemented in 2012, the

Special Fund has supported a variety of technical cooperation projects in 11 countries

worldwide. These projects resulted in legislative changes, for example bringing laws into

line with international human rights standards on torture prevention (including revised

codes of criminal procedure, prison acts and laws prohibiting abusive body searches for

persons deprived of their liberty), as well as laws to establish national preventive

mechanisms on torture; institutional changes, such as establishing or strengthening the

effective functioning of national preventive mechanisms on torture or other relevant

institutions; establishment of registers of detainees; operational changes resulting from

enhanced knowledge and skills of judicial, law enforcement and medical personnel; as well

as changes in people’s lives, including, in one case, a reported decrease in violence against

children in detention facilities. The projects also contributed to increasing awareness of

persons deprived of their liberty about their rights by developing and distributing manuals.

Through its projects, the Fund has engaged with several national entities, including

ministries of the interior and justice, ombuds institutions, hospitals and prisons, the police

and civil society actors.

9. The projects addressed real gaps and needs in torture prevention identified by the

Subcommittee on the ground, and were instrumental in implementing the Subcommittee’s

recommendations. The Special Fund is unique in that it links the recommendations of an

independent treaty-based expert committee to work on the ground, and can serve as an

incentive for the publication of the Subcommittee’s visit reports.

B. Other activities of the Special Fund

10. In 2016, the dire financial situation of the Special Fund required further promotion

and fundraising activities to solicit more contributions to enable additional calls for

applications. The strategic direction of the Fund was reviewed to strengthen the role of the

Subcommittee in the strategic leadership of the Fund, to simplify the procedures for

applications and administration of the grants and to harmonize those with good practices

established under the United Nations Voluntary Fund for Victims of Torture.

11. Consequently, during its twenty-eighth session, held on 18 February 2016, the

Subcommittee decided to establish a working group composed of up to five of its members

to support and advise on the strategic direction of the Special Fund and on selection and

impact assessment of the projects, and to contribute to the fundraising for the Fund. The

OHCHR Grants Committee continues, under a leaner procedure, to be accountable and to

ensure coherence with the work of the Office as well as with the Financial Regulations and

Rules of the United Nations. New guidelines for applicants and grantees were adopted by

OHCHR and the Subcommittee’s working group. It was decided that, in its next call for

applications, the Special Fund will pursue a new strategic direction, focusing its support

entirely on national preventive mechanisms, the establishment of which is a core obligation

under the Optional Protocol to the Convention against Torture. Properly functioning

national preventive mechanisms are vital in preventing torture and ill-treatment through

their visits to places of detention, the identification of risks and the adoption of

recommendations to authorities on how to address those risks.

12. With respect to promotion and fundraising, two meetings of the Chair of the

Subcommittee with Member States were held, on 17 October and 15 November 2016, in

New York and Geneva respectively. The Chair updated Member States on work that had

been undertaken during the first five years of the Special Fund, including the real impact on

torture prevention on the ground. He highlighted the dire financial situation of the Fund and

encouraged further contributions to enable the Fund to carry out its unique and very

important work. The Secretariat developed a new brochure on the Fund with the support of

United Nations Volunteers.

III. Financial situation of the Special Fund

13. The Special Fund is the only functional fund established by an international human

rights treaty. Since its creation in 2012, the Fund has supported a total of 36 projects for a

total amount of $985,304.25 in 11 States across four regions. Projects contributed to

building the knowledge and capacities of more than 2,000 people in torture prevention

techniques and methodology, in particular staff of national preventive mechanisms, judges,

law enforcement and penitentiary officers, medical personnel and social workers as well as

members of civil society organizations.

14. Activities of the Special Fund should be commensurate with the expansion of the

activities of the Subcommittee, which has resulted in more States becoming eligible for

grants from the Fund: 13 States in 2015 and 17 in 2016. This trend is expected to continue

as more States ratify the Optional Protocol and agree to the publication of the

Subcommittee’s visit reports.

15. The minimum amount required on an annual basis to guarantee the functioning of

the Special Fund is some $500,000, which would enable the Fund to support an average of

10-20 projects per year with a reasonable level of funding per project (for example,

$20,000). During 2016 the Fund received contribution of $48,846 and pledges of $230,779.

Contributions to the Special Fund (1 January 2016-8 December 2016)

Donor Amount (United States dollars) Date of receipt

Argentina 10 000 4 March 2016

Spain 38 846 29 November 2016

Total contributions received 48 846

Pledges to the Special Fund (1 January 2016-8 December 2016)

Donor Amount (United States dollars) Date of receipt

Czechia 7 849 6 December 2016

Germany 222 930 8 December 2016

Total contributions received 230 779

IV. Making a contribution to the Special Fund

16. Contributions to the Special Fund may be accepted from Governments,

intergovernmental or non-governmental organizations, private sector organizations and the

public at large, in accordance with the Financial Regulations and Rules of the United

Nations. Only funds earmarked for the Special Fund established by the Optional Protocol to

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment will be channelled to the Fund.

17. Contributions to the Special Fund should always be marked “Payee: Special Fund

established by the Optional Protocol to the Convention against Torture, account CH”.

Payments may be made either by bank transfer (a) in United States dollars, to the UNOG

General Fund, account No. 485001802, J.P. Morgan Chase Bank, 270 Park Avenue, 43rd

floor, New York, NY 10017, United States of America (Swift code: CHAS US 33; bank

number: (ABA) 021000021); (b) in euros, to the UN Geneva General Fund, account No.

240-FP100381.0, UBS AG, Rue du Rhône 8, CH-1211 Geneva 2, Switzerland (Swift code:

UBSW CH ZH 80A, bank number: 240, IBAN: CH85 0024 0240 FP10 0381 0); (c) in

pounds sterling, to the United Nations Office at Geneva, account No. 23961903, J.P.

Morgan Chase Bank, 25 London Wall, London EC2Y 5AJ, United Kingdom of Great

Britain and Northern Ireland (Swift code: CHAS GB 2L, bank number: (SC) 609242,

IBAN: GB68 CHAS 6092 4223 9619 03); (d) in Swiss francs, to the United Nations

Geneva General Fund, account No. 240-C0590160.0, UBS AG, rue du Rhône 8, case

postale 2600, CH-1211 Geneva 2, Switzerland (Swift code: UBSW CH ZH 80A; bank

number: 240; IBAN: CH92 0024 0240 C059 0160 0); (e) in other currencies, to the United

Nations Geneva General Fund, account No. 240-C0590160.1, UBS AG, rue du Rhône 8,

case postale 2600, CH-1211 Geneva 2, Switzerland (Swift code: UBSW CH ZH 80A; bank

number: 240; IBAN: CH65 0024 0240 C059 0160 1); (f) or by cheque, payable to the

United Nations, addressed to the Treasury, United Nations, Palais des Nations, CH-1211

Geneva 10, Switzerland.

18. Donors are requested to inform the Donor and External Relations Section of

OHCHR when a payment has been made (including a copy of the bank transfer order or of

the cheque) to facilitate effective follow-up to the official recording procedure and

preparation of reports of the Secretary-General.

V. Recommendations

19. The Special Fund established by the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is

a unique mechanism of torture prevention and the only operational fund established

by an international human rights treaty. Its support to national preventive

mechanisms, the establishment of which is a core obligation under the Optional

Protocol to the Convention against Torture, can be key in preventing torture at the

national level.

20. The minimum required on an annual basis to guarantee the functioning of the

Special Fund is some $500,000, which would enable the Fund to support an average of

10-20 projects per year with a reasonable level of funding per project (for example,

$20,000).

21. The Secretary-General appreciates the contributions received in 2016 which

enable the Special Fund to continue supporting projects on torture prevention

through the 2017-2018 grant cycle. He calls on Governments, intergovernmental and

non-governmental organizations and other private or public entities to sustain its

support for the Fund and provide further financial contributions to this crucial

mechanism of torture prevention.

Annex

Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: projects approved by the Office of the United Nations High Commissioner for Human Rights Grants Committee since the establishment of the Fund

State Project summary Implementing entity

Year of

project

Grant amount

(United States

dollars)

1. Armenia Strengthening of the national preventive

mechanism

Penal Reform

International

2016 25 000.00

2. Argentina Legal reform towards the establishment of the

state preventive mechanism in Tucumán and

training of judges, penitentiary officers and social

workers on the rights of detainees

Abogados y Abogadas

del Noroeste

Argentino en Derechos

Humanos y Estudios

Sociales

2015 35 000.00

3. Benin Implementation of the recommendations of the

Subcommittee on Prevention of Torture and

Other Cruel, Inhuman or Degrading Treatment or

Punishment concerning the protection of children

deprived of their liberty

World Organization

against Torture in

partnership with

Enfants solidaires

d’Afrique et du monde

2012 19 539.00

4. Benin Implementation of Subcommittee

recommendations concerning the protection of

children deprived of their liberty in Benin

World Organization

against Torture in

partnership with

Enfants solidaires

d’Afrique et du monde

2013 44 428.00

5. Benin Informing detainees of their fundamental rights

and reducing overpopulation in places of

detention through improved identification of

cases of arbitrary detention by State actors and

civil society

International

Federation of Action

by Christians for the

Abolition of Torture

(ACAT)

2014 35 000.00

6. Benin Improving detention conditions of children

deprived of their liberty in penitentiary

institutions as well as in police and gendarmerie

facilities. Training of juvenile justice judges to be

recruited for the newly established child-friendly

courts as provided by the revised Children’s

Code

World Organization

against Torture

2016 15 820.00

7. Brazil Implementation of Subcommittee

recommendations concerning the protection of

children deprived of their liberty in Brazil

World Organization

against Torture in

partnership with

Justiça Global

2014 34 802.00

State Project summary Implementing entity

Year of

project

Grant amount

(United States

dollars)

8. Brazil Supporting the Rio de Janeiro preventive

mechanism and promoting the establishment of

torture preventive mechanisms in other states of

Brazil

Justiça Global (in

partnership with the

Rio de Janeiro

preventive

mechanism)

2015 35 000.00

9. Brazil Supporting the work of the federal preventive

mechanism and advocating for the establishment

of state preventive mechanisms in São Paolo and

Maranhão.

Associaçao Direitos

Humanos em Rede

(Conectas)

2016 25 000.00

10. Honduras Training for prison staff on human rights

standards and prevention of torture

Ministry of Justice and

Human Rights

2012 20 000.00

11. Honduras Technical support to the national preventive

mechanism in Honduras and training for judges,

prosecutors and public defenders

Regional Office for

Latin America of the

Association for the

Prevention of Torture

in Panama

2012 14 847.00

12. Honduras Legal reform and support to the national

preventive mechanism in Honduras

Regional Office for

Latin America of the

Association for the

Prevention of Torture

in Panama

2013 30 325.00

13. Honduras Training on the rights and duties of persons

deprived of liberty to holders of rights and

obligations

National Committee

for the Prevention of

Torture and Other

Cruel, Inhuman and

Degrading Treatment

2014 35 000.00

14. Honduras Supporting the national preventive mechanism of

Honduras in effectively implementing

Subcommittee recommendations

Regional Office for

Latin America of the

Association for the

Prevention of Torture

in Panama

2015 34 966.65

15. Honduras Training of justice officials and students on the

Istanbul Protocol

Centro de Prevención,

Tratamiento y

Rehabilitación de las

Víctimasí de la Tortura

y sus Familiares

(CPTRT)

2015 34 995.05

16. Maldives Explaining their fundamental rights to foreign

detainees in their local language

Human Rights

Commission of

Maldives

2012 13 200.00

State Project summary Implementing entity

Year of

project

Grant amount

(United States

dollars)

17. Maldives Supporting the national preventive mechanism of

Maldives in effectively implementing

Subcommittee recommendations

Association for the

Prevention of Torture

(in partnership with

the Human Rights

Commission of

Maldives)

2012 20 000.00

18. Maldives Supporting the national preventive mechanism of

Maldives in effectively implementing

Subcommittee recommendations

Human Rights

Commission of

Maldives

2013 15 328.60

19. Maldives Teaching Maldivian children deprived of their

liberty to understand the risk of violence

Juvenile Justice Unit,

Ministry of Home

Affairs

2014 23 786.00

20. Maldives Development and delivery of training on

investigation and documentation of torture and

other ill-treatment under the Istanbul Protocol

Redress Trust 2014 34 876.15

21. Mexico Providing training on the use of the Istanbul

Protocol

Colectivo contra la

Tortura y la Impunidad

2012 19 807.00

22. Mexico Training on combating torture for the Mexican

judiciary in partnership with the Office of the

United Nations High Commissioner for Human

Rights, members of the Subcommittee and key

national justice institutions

International Bar

Association Human

Rights Institute

2013 46 855.00

23. Mexico Training workshop on human rights and the

prevention of torture with a gender perspective

Government of Oaxaca 2014 35 000.00

24. Mexico Supporting the work of the federal prosecutor

regarding the monitoring and evaluation of

medico-legal assessments

Asistencia Legal por

los Derechos Humanos

(ASILEGAL)

2015 35 000.00

25. Mexico Strengthening the capacity of criminal justice

judges to exercise effective judicial control in

places of detention, including for torture

prevention purposes

Documenta, Análisisá

y Acción para la

Justicia Social

2016 24 813.00

26. New Zealand Establishing an evidence base to inform the

ongoing discussion on institutional, legislative

and behavioural changes regarding the use of

seclusion and restraint across New Zealand’s

places of deprivation of liberty. Contributing to

development of a standardized and consistent

approach to seclusion and restraint in order to

eliminate de facto discrepancies among New

Zealand’s various places of deprivation of liberty

Human Rights

Commission

2016 24 775.00

State Project summary Implementing entity

Year of

project

Grant amount

(United States

dollars)

27. New Zealand Strengthening the capacity of the Office of the

Ombudsman to monitor and report on the

detention conditions of persons with psychosocial

disabilities and mental health issues in various

places of deprivation of liberty, including

penitentiary institutions, mental health

institutions and places of detention for persons

with disabilities, as well as immigration detention

facilities

Office of the

Ombudsman

2016 18 699.00

28. Paraguay Systematization of police records Ministry of the Interior 2012 19 984.00

29. Paraguay Design of fair-trial indicators allowing for the

monitoring of constitutional guarantees of lawful

detention and the presumption of innocence

Supreme Court of

Justice

2012 20 000.00

30. Paraguay Support for the work of the national body in

charge of the selection of commissioners for the

future national preventive mechanism

Ministry of Justice and

Labour

2012 19 500.00

31. Paraguay Contribution to the development of public

policies aimed at the prevention of torture and

other cruel, inhuman or degrading treatment

within the purview of the judiciary

Supreme Court of

Justice

2013 35 730.00

32. Paraguay Promoting the fundamental human rights of

persons deprived of liberty and citizen

engagement against torture in Paraguay

Fundación “Celestina

Pérez de Almada”

2014 34 520.00

33. Paraguay Strengthening of institutional capacity in

monitoring and investigation of torture and ill-

treatment by assisting the work of the national

preventive mechanism, conducting research on

root causes of torture and ill-treatment, liaising

with relevant stakeholders and facilitating the

establishment of groups of victims’ families

Coordinadora de

Derechos Humanos del

Paraguay

(CODEHUPY)

2016 25 000.00

34. Republic of

Moldova

Facilitating the resumption of the work of the

national preventive mechanism, strengthening its

visibility and its influence on the relevant State

authorities, as well as supporting the mechanism

in discharging its monitoring and reporting

mandate

Institute for

Democracy

2016 25 000.00

35. Senegal Supporting the national preventive mechanism of

Senegal in effectively implementing

Subcommittee recommendations

Observateur national

des lieux de privation

de liberté (ONLPL)

2015 34 770.90

State Project summary Implementing entity

Year of

project

Grant amount

(United States

dollars)

36. Senegal Supporting the national preventive mechanism of

Senegal in effectively implementing

Subcommittee recommendations

Association for the

Prevention of Torture

(in partnership with

the Observateur

national des lieux de

privation de liberté

(ONLPL)

2015 18 937.50

Total grants approved 985 304.25