CAT/OP/SEN/2
44.
In addition to the points mentioned in paragraph 3.2.2 of the Guidance on
Visits, the Observatory should look at other less tangible factors that affect conditions
of detention, such as the relations between prison staff and prisoners, the existence of
formal and informal hierarchies among detainees and the criteria for access to highly
prized areas, where detainees have better conditions. Information of this kind can be
gathered by means of interviews organized after the general tour of the premises and
without the presence of prison staff.
45.
The Guidance on Visits provides for an introduction of the visiting team to be made
during the interview with the official in charge, but there is no provision for a similar
introduction to be made during the interviews with the persons deprived of liberty.
46.
The Subcommittee recommends that the visiting team introduce itself to the
detainees during its interviews with them and explain the mandate of the national
preventive mechanism — with particular emphasis on the prevention component —
and the purpose of the interviews. It is essential to obtain the detainee’s consent and to
explain that the interview is confidential and voluntary and may be halted at any
moment at their request.
47.
The Subcommittee recommends that the national preventive mechanism
prepare leaflets for persons deprived of their liberty and for their families, explaining
its mandate and its methods of work and giving contact details. The leaflet should also
explain what informed consent is and state that reprisals of any kind should be
brought to its attention.
48.
The methodology of the national preventive mechanism provides for an individual
interview with a detainee only where their situation seems abnormal by comparison with
that of other detainees.
49.
Inasmuch as the purpose of visits by the national preventive mechanism is to
make recommendations regarding systemic problems, not to identify individual
problem cases, the Subcommittee is of the opinion that an individual interview should
not be used only where the situation is abnormal, but also as a means of gathering
information on the general conditions of detention. With due respect for the security
regulations in force in any given institution, the Subcommittee draws the attention of
the Observatory to the fact that it is possible to conduct interviews with detainees
inside cells and without surveillance.
50.
The Subcommittee notes with interest that the national preventive mechanism
recognizes that group interviews do not permit discussion of the most sensitive topics. The
Subcommittee also wishes to draw attention to the risks that group interviews may pose to
certain detainees, e.g., reprisals, and to the fact that the situation can rapidly get out of
hand.
51.
The Subcommittee recommends that the Observatory give some thought to
what situations may appropriately be addressed in group interviews and list in the
Guidance on Visits those subjects that can be raised in such interviews (Guidance on
Visits, para. 3.3.3).
52.
While noting the provision made in the legislation to protect against reprisals,
including the protection of the identity of persons who have contacted or cooperated with
the Observatory and the protection of State officials from disciplinary measures, the
Subcommittee notes that no specific measures are mentioned in the methodology developed
by the Observatory.
53.
The Subcommittee recommends that the Observatory develop a methodology
for protecting persons who have contacted or cooperated with the Observatory from
reprisals, taking account of the Senegalese context. The Subcommittee points out that
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