CAT/OP/SEN/CNPMRO/1
for partnership from a foreign organization whose suspected motive was to gain access,
through the Observatory, to information about places of deprivation of liberty in Senegal.
The Subcommittee recommends that the Observatory develop a targeted strategy for
each visit. These strategies should be based on the type and size of the institution, its
awareness of the seriousness of human rights issues and its ability to act on the
Observatory’s recommendations. The Subcommittee also recommends that the
Observatory create a digital database to centralize the information at its disposal and
previous recommendations, which would also serve as its institutional memory.
14.
Reply: The Observatory notes this recommendation with interest; it is currently
developing a strategy along these lines. It recognizes that its methodological tools, including
the Observatory’s Guidance on Visits and its visit protocols, concern only prisons and police
and gendarmerie custody facilities. It undertakes to develop visit protocols for other places
of deprivation of liberty, including psychiatric facilities and closed centres for minors, in
cooperation with the members of the Monitoring Committee. The Observatory is responsible
for selecting places to be visited in accordance with its rules of procedure; it does so on the
basis of objective criteria discussed in advance by the observers.
15.
The Observatory has included the establishment of a database in its strategic plan for
the period 2019–2023; it intends to have launched the database by 2021.
The Subcommittee recommends that visits be chiefly unannounced. This will enable the
Observatory to observe the actual conditions in which persons are being deprived of
their liberty and how life unfolds in the places it visits, without running the risk that
these will be changed before its arrival.
16.
Reply: The Observatory recognizes that conducting unannounced visits is the best
way to observe the actual conditions in which persons are being deprived of their liberty and
how life unfolds in the places it visits, without running the risk that these will be changed
before its arrival.
17.
The Observatory takes due note of this recommendation and will ensure that more
visits are unannounced in future; observers are often reminded that, in principle, visits should
be unannounced. It will also ensure that rule 16 of its rules of procedure is amended, since
that article appears to have created some confusion about whether or not visits to places of
deprivation of liberty should in principle be unannounced. While a considerable number of
the visits conducted since February 2017 – when the current Director took office – were
announced in advance, this is because most of them were carried out within the framework
of projects with the European Union and the Subcommittee. Implementing these projects
required developing programmes of activities for the different regions of Senegal. Activity
schedules covering several days, including visits to places of deprivation of liberty,
awareness-raising through radio broadcasts and training for law enforcement officers, had to
be prepared for each region targeted by the projects. To ensure the success of these activities,
all authorities concerned were informed about them in advance by letter and were sent the
schedule for their area. The natural corollary was that visits were known about in advance,
especially since the training activities directly concerned the officers of the facilities to be
visited.
18.
Most of the visits carried out pursuant to the Observatory’s annual workplan are
unannounced. The Observatory even conducted a night visit to the Rebeuss remand prison
and detention centre.
19.
The most recent unannounced visit was to the Ouakam gendarmerie station in Dakar
on 11 January 2021, which took place after the Observatory was informed that 40 people had
been arrested for violating the curfew and the rules prohibiting gatherings in the context of
the resurgence of the COVID-19 pandemic.
20.
All ad hoc visits carried out by the Observatory have been unannounced. The most
recent visit to the Thiès remand prison and detention centre, which took place on 12 August
2020, was also unannounced.
The Subcommittee encourages the Observatory to periodically offer all its members a
capacity-building programme, including training in the principles of the Convention
GE.21-03421
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