CAT/C/46/2
not enough to provide for safeguards on paper only. It is necessary to ensure that there are
systems in place to make those safeguards real. The Subcommittee is well aware of the
disparities between law and practice in these areas and during its visits it will continue to
probe the extent to which the preventive safeguards for which it argues are actually enjoyed
in practice.
4.
“Normalizing�� the unacceptable
54.
The Subcommittee cannot help notice that there is a tendency among some States
parties to become inured to conditions and practices which they know to be unacceptable,
but which they have come to accept as normal. The Subcommittee thinks it worth
emphasizing that just because something is normal within a criminal justice or detention
system does not make it right and that it is necessary to challenge such complacency
wherever it is found. The Subcommittee understands and accepts that it is necessary to bear
in mind the more general situation which is to be found within a given society when
determining the precise parameters of provision within its systems of detention.
Nevertheless, the Subcommittee does not believe that there can be any excuse for not
treating persons deprived of their liberty in accordance with the basic standards of decency
as generally reflected in international standards and according them, in practice, the basic
guarantees for which the rule of law provides.
5.
The Subcommittee and cases concerning individuals (including reprisals)
55.
The Optional Protocol does not establish a “complaints mechanism”, nor are the
preventive visits provided for thereunder intended to offer opportunities to investigate,
examine and address the situation of particular individuals. The Subcommittee examines
the treatment of persons deprived of their liberty in order to inform its general
recommendations to the State party on how best to prevent torture and ill-treatment.
Although it draws on individual cases of ill-treatment as examples of problems which need
to be addressed, it does not seek to provide a remedy for those particular cases – although
obviously the Subcommittee hopes and expects that many of the cases of individual
mistreatment which it has observed will de facto be mitigated or addressed through the
implementation of its generic recommendations.
56.
Nevertheless, the Subcommittee is anxious that States parties should fully respect
their obligation under the Optional Protocol to ensure that those with whom it meets and
speaks during the course of its visits are not disadvantaged as a result. The Subcommittee is
well aware that many of the detainees who choose to speak with it are concerned that they
will suffer some form of reprisal and is continuing to reflect on how best to address this
issue. Early follow-up visits by NPMs and/or by civil society to those places of detention
visited by the Subcommittee may offer a potential safeguard in situations of particular
concern. The Subcommittee would welcome a debate on this important issue.
6.
Prisoner self-governance systems
57.
The Subcommittee continues to encounter situations in which the day-to-day life of
closed institutions is very much in the hands of detainees themselves. Sometimes this is the
result of neglect, sometimes it is a matter of officially recognized policy. It is axiomatic that
the State party remains responsible at all times for the safety and well-being of all detainees
and it is unacceptable for there to be sections of institutions which are not under the actual
and effective control of the official staff. At the same time, the Subcommittee is aware that
some forms of prisoner self-governance systems can play a positive role in improving the
day-to-day experience within closed institutions. However, the Subcommittee is also aware
of the dangers inherent in such systems and is of the view that there must always be
effective safeguards to ensure that such systems of internal self-management do not work to
GE.11-40683
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents