CAT/OP/5
Optional Protocol and paragraph 25 (c) of the present guidelines. Such dialogue may also
be held with the national preventive mechanism(s) of the country concerned.
34.
The nature and approach of the dialogue arising from each visit will be determined
on a case-by-case basis. This will usually involve the submission by the visited State of a
written response to be received within an agreed time frame. It will also include a range of
other means of direct contact, as agreed by the Subcommittee, with the State party and with
the national preventive mechanism(s) and other stakeholders where appropriate.
35.
The Subcommittee may seek to undertake a short ad hoc visit in order to continue
the dialogue on prevention of torture and ill-treatment with authorities and to verify the
state of implementation of some key recommendations.
Guideline 8
Publication of the report
36.
The Subcommittee shall publish its report, together with any comments of the State
party, whenever requested to do so by that State party. The Subcommittee may publish the
report in whole or in part if the State party makes part of the report public, in accordance
with article 16, paragraph 2, of the Optional Protocol, or if the State party makes a public
statement summarizing the report or commenting upon its content.
Guideline 9
Responses to non-cooperation
37.
If the State party refuses to cooperate with the Subcommittee according to
articles 12 and 14 of the Optional Protocol, or to take steps to improve the situation in the
light of the Subcommittee’s recommendations, the Subcommittee may choose to use all
available measures to address such a lack of cooperation. Those measures may include
making a public statement on the matter or publishing the report of the Subcommittee, in
accordance with article 16, paragraph 4, of the Optional Protocol. Before a decision to take
such measures is made, the State party concerned shall be given an opportunity to make its
views known. When such measures are taken, no personal data shall be published without
the express consent of the person concerned.
III. Confidentiality
Guideline 10
Confidentiality
38.
The visit report produced by the Subcommittee and any other documentation
relating to its dialogue with the State party shall remain confidential unless authorization is
given by the State party concerned for that documentation to be made public in accordance
with the provisions of the Optional Protocol. Such material may be shared in confidence
with the national preventive mechanism(s) of the country visited, in accordance with
article 16, paragraph 1, of the Optional Protocol.
39.
No personal data shall be published without the express consent of the person
concerned. Such consent can be given in writing or in any other certified form.
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