CAT/C/46/2
those who have supported and facilitated it. One lesson learned from this work is that
contact during the period leading up to the designation of an NPM and in its early days of
operation is most often wanted by both States parties and NPMs and is likely to have the
greatest positive impact on the construction of an NPM system which conforms to the
provisions of the Optional Protocol.
45.
The Subcommittee is tending towards a model by which it would seek to visit States
parties as soon as possible following their ratification of the Optional Protocol, in order to
offer advice and assistance regarding the establishment of its NPM. Such visits, which
would be undertaken as an addition to its current regular programme, need not necessarily
include visits to places of detention and so could be of a shorter duration. The
Subcommittee also believes that the operation of an effective NPM could be a factor to be
taken into account when determining whether to undertake a longer visit.
C.
Reflections on the role of confidentiality in the work of the
Subcommittee
46.
Article 2, paragraph 3, of the Optional Protocol provides, inter alia, that the
Subcommittee “shall be guided by the principles of confidentiality”. Confidentiality lies at
the heart of the philosophy underlying the Optional Protocol, which is that it is possible to
engage in a constructive dialogue on matters as sensitive as those relating to torture, cruel
and inhuman or degrading treatment or punishment, through the establishment of a
relationship founded upon mutual trust, and that confidentiality provides a means of
building that relationship. The Subcommittee scrupulously observes the principle of
confidentiality in order to help foster such a spirit of constructive engagement. It is the
belief of the Subcommittee that the confidentiality of the person and of personal data must
always be maintained.
47.
As it clear from the Optional Protocol itself, however, confidentiality is a means to
an end and may be dispensed with by the State, should it wish to do so, by authorizing the
publication of Subcommittee reports and recommendations. While recognizing and
respecting the right of States to maintain the confidentiality of reports, the Subcommittee
welcomes their publication as a tangible sign of the maturing relationship between it and
the State party in their common pursuit of prevention. The Subcommittee believes that the
publication of reports significantly enhances their preventive impact by making them
available to a wider audience who may then be better placed to share in the task of
prevention by either encouraging or facilitating the consideration and implementation of the
recommendations that the reports contain. Moreover, the Subcommittee is directly
empowered under the Optional Protocol to release, in confidence, elements of its visit
reports to the NPM of a State party, should it consider this appropriate, and has done so.
48.
Confidentiality is attached to the information obtained during the course of a visit
and the reports and recommendations transmitted to a State party thereafter unless and until
it is lifted by the State concerned, or through the issuance of a public statement as provided
for in the Optional Protocol. It follows therefrom that, while fully respecting the principal
of confidentiality as provided for in the Optional Protocol, the Subcommittee does not
consider either its activities or the approaches that it takes to its work to be confidential as
such, and welcomes the opportunity to make them known as widely known as possible. In
that context, in 2010, the Subcommittee decided to publish its rules of procedure and its
guidelines in relation to visits to States parties.
GE.11-40683
13
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