CAT/OP/1/Rev.1
E.
Prevention of reprisals
37.
The national preventive mechanism should develop a strategy for preventing
reprisals and threats by detention centre staff, as well as by fellow detainees, against
persons interviewed during visits and others who may provide sensitive or critical
information before or after a visit. Such a strategy should also address threats of reprisal
against members and staff of the mechanism. The strategy could include the following
guidance:
(a)
The national preventive mechanism should establish a policy setting out the
types of information that can be collected during group interviews and the types of
information that should be collected in private interviews only. Whenever sensitive or
critical information is obtained during a private interview a number of additional private
interviews should be conducted to preserve the anonymity of the source of the information;
(b)
The national preventive mechanism should, during talks with management,
staff and detainees in places of detention, stress that reprisals are explicitly prohibited in the
Optional Protocol, that follow-up will focus on that issue and that detainees subject to
reprisals should notify the mechanism. It is advisable to widely distribute to managers, staff
and detainees folders containing information about the mandate and working methods of
the national preventive mechanism, including references to the absolute prohibition of
reprisals, and the address and contact information of the mechanism. National preventive
mechanisms should ensure that they are expressly permitted, either in law or in practice, to
distribute any material about the mechanism to detainees and that detainees may receive
and keep such material;
(c)
Cases of particular concern should be followed up and monitored, including
after the transfer of the detainees concerned to other institutions; increased attention should
be paid to places where reprisals have or are likely to have occurred, and the monitoring of
those places should be enhanced;
(d)
Intervention by and assistance from other actors, including non-governmental
organizations, may be sought and facilitated; it is essential to ensure that national
preventive mechanisms share relevant information with international monitoring bodies
about possible cases of reprisal;
(e)
Relevant information from other actors, including non-governmental
organizations working directly or indirectly with detainees, that gives rise to concerns
regarding the possibility of reprisals, should be acted upon immediately;
(f)
Any well-founded concern about reprisals should be analysed, verified to the
extent possible and filed. It should be considered for inclusion in the reporting of the
national preventive mechanism and should give rise to a recommendation for the
improvement of institutional practices with a view to protecting and compensating the
victims and preventing reoccurrences;
(g)
With the consent of the detainees concerned, cases of particular individuals at
risk of reprisal may be brought to the attention of the authorities and followed up;
(h)
In cases of alleged reprisal, the national preventive mechanism should seek to
ensure that a disciplinary or criminal investigation is initiated and that victims are protected
and, when relevant, compensated.
9
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