CAT/C/42/2
page 9
23. Among its principal methods for fact-finding on visits, the SPT uses the triangulation of
information gathered independently from a variety of sources, including direct observation,
interviews, medical examination and perusal of documentation, in order to arrive at a view of the
particular situation under scrutiny as regards the risk of torture or other cruel in human or
degrading treatment or punishment and as regards the presence or absence, strength or weakness
of safeguards. SPT delegations draw conclusions on the basis of its cross-checked findings made
during visits.
24. During the year the SPT noted with satisfaction that some States parties plan to or are in
the process of implementing the Istanbul Protocol as a tool to document torture, first of all in the
fight against impunity. The SPT has analysed the usefulness of the Istanbul Protocol, not only in
the fight against impunity, but also in the prevention of torture and other cruel, inhuman or
degrading treatment or punishment, and has identified some challenges. The analysis appears in
annex VII. Considering the validity and usefulness of the Istanbul Protocol as a soft law
instrument, the SPT is of the view that States should promote, disseminate and implement the
Protocol as a legal instrument to document torture cases of people deprived of their liberty
through medical and psychological reports drafted under adequate technical standards. These
reports can not only constitute important evidence in torture cases but, most importantly, they
can contribute to the prevention of cruel, inhuman and degrading treatment. The Subcommittee
on Prevention of Torture notes that it is crucial that doctors and other health professionals be
effectively independent from police and penitentiary institutions, both in their structure - human
and financial resources - and function - appointment, promotion and remuneration.
25. At the end of each regular SPT visit, the delegation presented its preliminary observations
to the authorities orally in a confidential final meeting. The SPT wishes to thank the authorities
of Benin, Mexico and Paraguay for the spirit in which the initial observations of its delegations
were received and the constructive discussions ensuing about ways forward. After each visit the
SPT wrote to the authorities, reiterating key preliminary observations and requesting feedback
and updated information on any steps taken or being planned since the visit to address the issues
raised during the final meeting, in particular on certain issues which could be or were due to be
addressed in the weeks following the visit. The SPT indicated that responses communicated by
the authorities would be considered in the drafting of the visit report.
26. The authorities were also reminded, later in the period after the visit, that any responses
received by the SPT before adoption of the draft visit report in plenary session would form part
of the SPT’s deliberations when considering adoption. These communications form an important
part of the ongoing preventive dialogue between the State party and the SPT. The SPT is
gratified to report that on each of the visits carried out to date, it has received feedback from
authorities concerning the preliminary observations and further information prior to the adoption
of each visit report. This is an indication that the States parties initially visited have embraced the
ongoing process of dialogue and incremental progress on prevention.
27. The authorities are asked to respond in writing to the recommendations and to the requests
for further information in the SPT’s report on the visit to that State, as transmitted to them in
confidence after adoption by the SPT. Thus far all the responses of the authorities concerned
have arrived on time - a clear signal of the goodwill of States parties to cooperate with the SPT.