CAT/OP/SEN/CNPMRO/1
against Torture and its Optional Protocol, the United Nations Standard Minimum
Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United
Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), and
in the methodology for visiting places of deprivation of liberty, including the planning
and organization of visits.
21.
Reply: This concern has been taken into account by the Observatory, which has
included a budget for the training of its members in its 2021 workplan. This is only a forecast,
however, and the implementation of the training programme will depend on State budget
allocations and/or partner support. This again raises the problem of budgetary independence
and the need for the Observatory to have a substantial budget that would allow it to carry out
its mission more effectively.
The Subcommittee recommends that the Observatory clearly explain its mandate,
mission, working methods and the goal of its visit to the authorities of the establishment
concerned. Its presentation to persons deprived of their liberty should be simple and
comprehensible so as not to create expectations that exceed the scope of its mandate.
22.
Reply: The Observatory considers that the success of its missions depends on the
authorities’ having a proper understanding of how it functions. That is why it always
endeavours to clearly present its mandate, mission, powers, the goal of its visits and its
working methods. Similarly, it always includes a presentation of the Observatory and its role
as the national mechanism for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment in the training workshops that it organizes for law enforcement
officers.
23.
The Observatory has taken careful note of the recommendation regarding its
presentation to persons deprived of their liberty and will ensure that it is as simple,
comprehensible and complete as possible and does not create expectations that exceed the
scope of its mandate.
The Subcommittee emphasizes the importance of meeting with detainees individually,
in private and without supervision. Interviews should take place in a setting that puts
interviewees at ease, ideally in a place with which they are familiar. It is important to
carefully choose the location where individual interviews take place to ensure that the
contents of the interview remain confidential and that the “do no harm” principle is
applied, without exception.
24.
Reply: The Observatory shares these concerns. However, implementing these
recommendations may not be easy because of the layout of detention facilities in Senegal.
This is why the Observatory makes do with the spaces made available to it. Nonetheless, the
Observatory will endeavour to choose, as far as possible, the location where individual
interviews take place, in order to ensure that such interviews remain confidential and that the
“do no harm” principle is respected.
The Subcommittee recommends that the Observatory publish a brochure designed
chiefly for detainees that describes its mandate and working methods, explains the
notion of informed consent and provides the necessary contact information.
25.
Reply: The Observatory has communication aids such as leaflets and posters that
provide information on its mission, mandate and working methods. Nonetheless, a brochure
designed specifically for prisoners would undoubtedly be useful.
The Subcommittee stresses the importance of the members of the Observatory
introducing themselves to interviewees, specifying their name and function, and
explaining the mechanism’s mandate, with particular emphasis on the preventive
aspect. Express consent should always be obtained from interviewees and it should be
made clear that the interview is confidential and voluntary and can be interrupted at
any time at the detainee’s request. The Subcommittee is of the view that introducing
themselves properly will help members conducting visits and interviews build trust with
interviewees and facilitate communication and information-sharing. Interviews should
focus on aspects relevant to prevention, which do not necessarily include, for example,
the reasons for the person’s detention. Building trust with interviewees is necessary if
they are to express themselves freely.
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GE.21-03421