CAT/OP/SEN/CNPMRO/1
31.
Reply: The Observatory wishes to point out that, in general, this practice is well
respected. Follow-up visits have been carried out in this regard; for example, a follow-up
visit was conducted to Thiès remand prison and detention centre after the incident that
occurred there during the Observatory’s joint visit with the Subcommittee.
The Subcommittee underscores the importance of the national preventive mechanism
systematically holding constructive debriefing sessions with the heads of places of
detention as soon as possible following the visits, with a view to sharing with the persons
concerned preliminary observations and recommendations and highlighting the
matters that warrant immediate intervention or that should be urgently addressed for
humanitarian reasons. The risk of potential reprisals should always be mentioned as a
preventive measure. Similarly, the Subcommittee urges the Observatory to carefully
apply the final paragraph of rule 25 of its rules of procedure, which outlines the actions
the Observatory is expected to take in case of failure to respect fundamental rights.
32.
Reply: The Observatory wishes to stress that, at the end of every visit, it always holds
constructive debriefing sessions with those in charge in order to highlight corrective measures
that urgently need to be taken to reduce the risk of torture and other violations. Nonetheless,
it has taken careful note of the need to go into more detail in these meetings in order to better
protect the rights of detainees.
The Subcommittee recommends that the principles of confidentiality always be applied
during interactions with detainees and the authorities. It is important that, in its
interactions with the authorities and its reports, the Observatory be mindful not to
divulge information enabling the identification of interviewees.
33.
Reply: The Observatory agrees with this recommendation and wishes to clarify that it
systematically ensures that no information enabling the identification of sources is ever
deliberately divulged.
More generally, the Subcommittee recalls its recommendation to national preventive
mechanisms to prepare a report following each visit, in which they should raise their
concerns and make recommendations (CAT/OP/12/5, paras. 36 and 37). In principle,
the report should be public and safeguard the confidentiality of personal information
and should deal chiefly with prevention, highlighting current problems and suggesting
solutions in the form of practical recommendations. Recommendations should be
tangible, measurable and focused on the formulation of preventive measures to address
the shortcomings of current practices and mechanisms. They should also take into
account applicable national and international norms relating to the prevention of
torture and other ill-treatment, as well as the recommendations of the Subcommittee.
Once a report has been transmitted, the Observatory should formulate a strategy to
monitor the implementation of its recommendations and use the report as the basis for
dialogue with the authorities of the detention place concerned and relevant ministries.
34.
Reply: The Observatory agrees with this recommendation and wishes to underline that
most of its final visit reports are published on its website. With regard to the follow-up and
dialogue procedure, the Observatory is of the view that cooperation with the State authorities
should be strengthened.
The Subcommittee is of the view that having to submit its annual report to the President
does not prevent the Observatory from making it public. The Subcommittee
recommends that the Observatory implement article 9 of Act No. 2009-13, which gives
it the power to publish its annual reports, in keeping with article 23 of the Optional
Protocol. Publishing the annual reports of national preventive mechanisms is an
opportunity to make the mechanisms more visible, to keep the authorities and the public
informed of their activities, just like any other public institution, to identify and analyse
issues related to the prevention of torture and, above all, to establish and maintain an
ongoing dialogue with the relevant authorities.
35.
Reply: The Observatory agrees with this recommendation and wishes to specify that,
in accordance with article 9 of Act No. 2009-13 of 2 March 2009, it took administrative steps
to submit its first annual report to the President as soon as it had been completed. It has since
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