course of an NPM dedicated workshop in Vienna, NPMs called for better communication between
CPT and NPMs in particular prior to visits. To this end, it was suggested that CPT members should
contact the local NPMs as part of the preparation when conducting visits.
The CPT, during its own visits, regularly meets with prosecutors and judges, as it considers their role
crucial in the prevention of torture and ill-treatment.368 One subject that is regularly discussed with
them would be the investigations into allegations of torture and ill-treatment. The CPT also issues
formal recommendations in this regard.369 Furthermore, if the CPT for example was to document cases of ill-treatment during its visit, it would bring these to the attention of the authorities immediately and concretely recommend what action should be take. Other recommendations are on ordering
a forensic examination for victims of ill-treatment or standards stipulated by the ECtHR regarding
promptness and thoroughness of investigations into alleged cases of torture and ill-treatment.
Another issue the CPT regularly takes up with the judiciary, is the role of supervisory judges who
enjoy a particular mandate monitoring the conditions of detention. According the CPT, while the
law is very often comprehensive and potentially useful, in practice oversight is not always effectively
implemented in this context.
Throughout the Study, it was clear that both judges and NPMs look to CPT reports as credible sources of detentions conditions. NPM reports however have the distinct advantage of bearing information from repeated and regular visits with localised knowledge of the situation, and the ability to
react quickly and visit a place of detention as is required. CPT members have a broader more global
perspective which can help inform the NPMs of best practices that they have encountered in other
countries faced with similar challenges. With all of this in mind, more could be done to facilitate
regular contact between NPMs and CPT, before visits, to exchange information and after visits to
advise on recommendations and practices that could be shared emanating from a broader source of
examples. Exchange between NPMs and the CPT could also relate to advising on format and structuring reports to ensure that a high standard and quality reports are produced.
4.3. eu agency for fundamental rights
In 2007 the European Union established the EU Agency for Fundamental Rights (FRA), an independent EU body to provide independent, evidence-based assistance and expertise on fundamental
rights to EU institutions and Member States. In November 2016, FRA published its report on “Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers”370 which
deals with the FD TOP, FD ESO and the FD PAS as well as fundamental rights concerns and opportunities related to these instruments. In contrast to the present Study, the FRA reports looks beyond the
prevention of ill-treatment and also considers the respect for private and family life as well as the
right to a fair trial. Furthermore, the report contains a series of interesting best practice examples as
well as recommendations to foster the fundamental rights compliant implementation and application of the different Framework Decisions.
FRA will continue working on criminal justice matters in 2017 and is currently planning to contribute
to making ”information on detention conditions (as well as on alternatives) in all EU Member States,
368
Interview with Hugh Chetwynd, CPT Secretariat, 11 November 2016.
369
See for example CPT Report on Greece, visit from 14/04/2015 - 23/04/2015, para. 24: The CPT recommends that these procedural obligations be strictly observed by police officers, prosecutors and judges and, to this end, it would like to be informed of the steps taken to ensure that this is the case. Available:
http://www.cpt.coe.int/documents/grc/2016-04inf-eng.pdf.
370
The Report is available via
http://fra.europa.eu/en/publication/2016/criminal-detention-and-alternatives-fundamental-rights-aspects-eu-cross-border.
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