Deprivation of liberty on distant water fishing fleets: a new impetus for the OPCAT monitoring?

Abstract

ABSTRACT Detention monitoring under the Optional Protocol to the UN Convention against Torture is today broadly considered as covering a plethora of non-traditional places, including but not limited to various care facilities, institutions for children or migrant shelters. The COVID-19 pandemic has further shown that there is an abundance of public health measures that likely involve a deprivation of personal liberty. In addition to the challenges brought by the world’s pandemic, there remain primordial man-made ‘illnesses’ such as workers’ exploitation, forced labour, slavery and trafficking in person that likewise concerns deprivation of liberty and ill-treatment. This is especially true for documented prison-like conditions on distant water fishing fleets where workers are confined to the physical boundaries of the ship and could not leave the terrible conditions to which they are often subjected. Therefore, a question has emerged as to what elements constitute the ‘place of detention’ under the Optional Protocol and what is the extent of detention monitoring? Examining the use of the OPCAT on the specific situation of ill-treatment on Taiwan fishing fleets is believed to put some flash to the ongoing discussion and clarify further the monitoring mandate of the National Preventive Mechanism.