and legislation was adopted to provide a legal framework for their activities.
According to the field operation, the success of this early phase of the project
generated interest from another government department, which wants to extend the
monitoring process to the penitentiary system. Over the course of 2008, the ground
was prepared for the extension of monitoring to the penal system and other
specialized places of deprivation of liberty within the framework of the adoption of a
national policy to prevent torture, as well as for the development of an NPM.
The project helped create an impetus for changes to the existing legislative framework
for monitoring groups, the development of legislation to establish an NPM under
OPCAT, and amendments to legislation regulating the rights of minors in relation to
law enforcement bodies.
The field operation in another country in the region reported a marked lack of antitorture activity and its perception that, despite documentation by credible international
human rights organizations indicating the contrary, the authorities do not
acknowledge the existence of torture in the country. This, coupled with the political
climate, is a major obstacle to any possible project activity. The field operation
reported that it carried out some ad hoc monitoring of pre-trial detention centres and
prisons, although this did not form part of a systematic or long-term detentionmonitoring programme. Public commissions created by the government make prearranged visits to prisons, and the field operation suggested that their role and
mandate could be expanded to carry out systematic monitoring.
2.4.3 South Caucasus
In general, OSCE activities in the region provide a good example of ODIHR’s
complementary role, as the OSCE’s oversight body for monitoring the
implementation of OSCE commitments in the human dimension, and the contribution
by OSCE field operations in the implementation of torture-prevention activities. The
degree of political will shown by the government, as well as a comprehensive
approach to prevention, also appears to be relevant factors for effective work against
the use of torture.
There are some common factors regarding the three countries that make up the South
Caucasus region. 16 All three are members of the Council of Europe and, therefore, are
subject to oversight by the European Court of Human Rights and the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment. All three OSCE field operations here, as seen in other regions, provide
grass roots information to the European Committee in order to assist with its country
visits. The field operations have also facilitated visits to disputed areas by the
Committee and other international mechanisms, such as the UN Special Rapporteur.
Another common factor is that all three countries are involved in disputes over
breakaway territories.
16
The Mission to Georgia's mandate expired as of 31 December 2008 after the OSCE Permanent
Council failed to reach consensus on its renewal in the wake of the conflict of August 2008. Twenty
unarmed military monitoring officers, who were deployed to the Mission to Georgia by Permanent
Council decision on 19 August 2008, continued to operate under a mandate that, barring consensus on
its renewal, was scheduled to expire on 30 June 2009.
18
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