CAT/C/46/2
its understanding of how best to fulfil its mandate under the Optional Protocol, rather than
by setting out its views on what prevention may or may not require either as an abstract
concept or as a matter of legal obligation. Nevertheless, there are a number of key
principles which guide the Subcommittee’s approach to its preventive mandate and which it
believes it would be useful to articulate.
Guiding principles
107.
The guiding principles are the following:
(a)
The prevalence of torture and ill-treatment is influenced by a broad range of
factors, including the general level of enjoyment of human rights and the rule of law, levels
of poverty, social exclusion, corruption, discrimination, etc. Whilst a generally high level of
respect for human rights and the rule of law within a society or community does not
provide a guarantee against torture and ill-treatment occurring, it offers the best prospects
for effective prevention. To that end, the Subcommittee is deeply interested in the general
situation within a country concerning the enjoyment of human rights and how this affects
the situation of persons deprived of their liberty;
(b)
In its work, the Subcommittee must engage with the broader regulatory and
policy frameworks relevant to the treatment of persons deprived of their liberty and with
those responsible for them. It must also be concerned with how these are translated into
practice, through the various institutional arrangements which are established in order to do
so, their governance and administration and how they function in practice. Thus a holistic
approach to the situation must be taken, informed by, but not limited to its experience
gained through its visits to particular places of detention;
(c)
Prevention will include ensuring that a wide variety of procedural safeguards
for those deprived of their liberty are recognized and realized in practice. These will relate
to all phases of detention, from initial apprehension to final release from custody. Since the
purpose of such safeguards is to reduce the likelihood or rise of torture or ill-treatment
occurring, they are of relevance irrespective of whether there is any evidence of torture or
ill-treatment actually taking place;
(d)
Detention conditions not only raise issues of cruel, inhuman or degrading
treatment or punishment but in some circumstances can also be a means of torture, if used
in a manner which accords with the provisions of article 1 of the Convention. Therefore,
recommendations regarding conditions of detention play a critical role in effective
prevention and will touch on a wide variety of issues, including matters relating to physical
conditions, the reasons for, and levels of, occupancy and the provision of, and access to, a
wide range of facilities and services;
(e)
Visits to States parties and to particular places of detention should be
carefully prepared in advance taking into account all relevant factors, including the general
legal and administrative frameworks, substantive rights, procedural and due process
guarantees pertaining to detention, as well as the practical contexts in which they operate.
The manner in which visits are conducted, their substantive focus and the recommendations
which flow from them may vary according to such factors and in the light of the situations
encountered in order to best achieve the overriding purpose of the visit, this being to
maximize its preventive potential and impact;
(f)
Reports and recommendations will be most effective if they are based on
rigorous analysis and are factually well-grounded. In its visit reports, the Subcommittee’s
recommendations should be tailored to the situations which they address in order to offer
the greatest practical guidance possible. In formulating its recommendations, the
Subcommittee is conscious that there is no logical limit to the range of issues that, if
explored, might have a preventive impact. Nevertheless, it believes that it is appropriate to
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GE.11-40683
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