10
8.
The CPT continues to pay considerable
attention to the treatment of immigration detainees. As
well as being a regular feature of programmes of
periodic visits, this subject was addressed during two
ad hoc visits in 2002, to France and the United
Kingdom.
In the course of its June 2002 ad hoc visit to
France, the CPT examined the treatment of aliens
refused entry into France and of asylum seekers, whilst
held at Paris-Charles de Gaulle Airport. The CPT’s
delegation reviewed the action taken to implement the
recommendations made after the Committee’s previous
visit to the airport, in May 2000. It also examined
procedures for the forcible deportation of foreign
nationals by air, a subject dealt with in depth in the
substantive section of this General Report.
The ad hoc visit to the United Kingdom in
February 2002 was organised in order to assess the
treatment of suspected international terrorists detained
pursuant to the Anti-Terrorism, Crime and Security Act
2001.
This Act provides for the administrative
detention (by Ministerial decision), for an indefinite
period, of foreigners believed to pose a risk to national
security and suspected of being international terrorists
who, for legal or practical reasons, cannot be removed
from the United Kingdom. Such persons are considered
as immigration detainees.
The report on this visit and the response of the
United Kingdom Government were published in
February 2003. Replying to the CPT’s criticism of the
limited out-of-cell time and activities enjoyed by
persons detained pursuant to the 2001 Act, the United
Kingdom authorities state that the detainees have been
moved to units capable of offering enhanced activities.
In reaction to other remarks made by the CPT, the
response emphasises that the United Kingdom
“…intends that action taken by its institutions and
officials to combat terrorism and to preserve a
democratic society will at all times be in accordance
with the fundamental rights of any person against
whom action is taken”.
9.
The CPT organised a second ad hoc visit to
the Transnistrian region of the Republic of
Moldova in February 2003 (the first having taken
place in November 2000). This region unilaterally
declared itself an independent republic in 1991 and
negotiations aimed at resolving the situation are still
taking place. The visit focussed on the treatment of
persons held in penitentiary establishments and, more
particularly, on the level of care provided to prisoners
suffering from tuberculosis.
As had been the case during the CPT’s first visit
to the region, the Committee’s delegation received
valuable assistance from the OSCE Mission to Molodova.
CPT: 13TH GENERAL REPORT
10.
During the ad hoc visits to Portugal and
Romania in December 2002 and February 2003, the
CPT reviewed developments at Oporto Prison and the
General Directorate of the Police in Bucharest since
earlier visits to those establishments; this followed
invitations to the Committee from the national
authorities that it return. The ad hoc visit to Albania
in July 2003 was also very much of a follow-up nature
(implementation of the Committee’s recommendations
designed to combat ill-treatment by law enforcement
officials and to improve conditions at Elbasan
Psychiatric Hospital ). The same was true of the May
2003 ad hoc visit to Hungary (treatment of remand
prisoners in both prison and police establishments, with
particular reference to the activities provided).
The main purpose of the ad hoc visit to
France in June 2003 was to assess the current
situation in the prison system, in particular as regards
overcrowding and the regimes offered to prisoners
serving long sentences. The CPT’s delegation also
held in-depth discussions with the national authorities
on the safeguards to be offered to persons in police
custody and, in particular, access to a lawyer as from
the outset of custody.
The ad hoc visit to Kaliningrad in March
2003 provided the opportunity to examine the treatment
of persons held in a variety of establishments on the
territory of this enclave of the Russian Federation (police
detention facilities, prisons, psychiatric hospitals, and
Federal Border Service establishments).
During the July 2002 ad hoc visit to “the
former Yugoslav Republic of Macedonia”, the
CPT’s delegation focussed its attention on the
treatment of persons detained by law enforcement
agencies. The visit report was published in April 2003;
it makes clear that the serious problems in this area
already identified by the Committee during earlier
visits had not been resolved. In their response, the
national authorities stress that they are fully committed
to complying with the CPT’s recommendations.
As for the CPT’s ad hoc visit to Turkey in
February 2003, it was triggered by persistent reports
that relatives and lawyers of Abdullah Öcalan were
experiencing considerable difficulties in gaining access
to Imralı island in order to visit him. The Committee’s
delegation examined the arrangements for visits,
including the means of transport used for this purpose,
and discussed in detail with the Turkish authorities
means of ensuring that Abdullah Öcalan’s right to
receive visits from his relatives and lawyers is fully
effective in practice.