CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ

PREVENTIVE MECHANISMS UNDER THE OPTIONAL PROTOCOL …

Pavel Šturma, Milan Lipovský (eds.)

Preventive Mechanisms under the Optional Protocol to the Convention against Torture. (Studie z lidských práv – Studies in human rights; č. 11)

Praha: Univerzita Karlova v Praze, 2016, 140 pp.

[Preventivní mechanismy dle Opčního protokolu k Úmluvě proti mučení]

The edited book includes articles that have been elaborated on the basis of contributions for a conference that was held at the Faculty of Law, Charles University on September 26, 2016. The conference was dedicated to evaluation of the mechanisms of protection against torture developed under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (hereinafter „CAT“), and particularly the tenth anniversary of entering into force of its Optional Protocol of 2007 (hereinafter „OPCAT“). The authors of texts are academics as well as practitioners from the UN or Czech national preventive institutions. The book consists of 4 thematic parts divided into specialized chapters. In the first chapter („Legitimacy of National Human Rights Institutions“), Harald Christian Scheu (assoc. professor of the Department of European Law at Charles University) brings a detailed study of the legitimacy and importance of National Human Rights Preventive Mechanisms (hereinafter „NPM“), as a part of National Human Rights Institutions (NHRIs), within the global system of international protection of human rights. His contribution is focused on their history, legitimacy, process of recognizing and modification of their status and functions within OPCAT integration and other international human rights institutions, such as International Coordinating Committee for National Institutions promoting and protecting human rights (ICC) or the UN Office of the High Commissioner of Human Rights based on UN Paris Principles 1991. It is only possible to agree with the author’s opinion, stated in the summary, that “sometimes in a confusing and even chaotic world of human rights protection, with various human rights organizations, institutions and activists, the NHRIs can play an important role. Their potential lies primarily in linking the international and national dimension of human rights protection and that „the cooperation of international and national mechanisms under the OPCAT will benefit both sides“. Obviously, it is also possible to agree with the idea that „following the example of the International Committee of the Red Cross, the NHRIs could strengthen an independent and impartial view on human rights commitments and their fulfilment by the states“. The second part „Subcommittee on Prevention of Torture and National Preventive Mechanisms – Theoretical Issues“, includes two chapters. In the first, Milan Lipovský , from the Department of International Law of the same faculty, focuses on the fact that

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