8
CPT: 9TH GENERAL REPORT
ACTIVITIES IN 1998
Visits
1.
The CPT organised some 130 days of visits
during 1998. The highlight of the year was the
commencement of the CPT’s activities in the Russian
Federation and Ukraine. The Committee expects that it
will be a frequent visitor to both of these countries,
given the magnitude of the issues falling within the
CPT’s mandate. A complete list of the countries and
places of detention visited by CPT delegations in 1998 is
set out in Appendix 3.
4.
With some exceptions, the degree of
cooperation displayed towards CPT delegations during
visits remains satisfactory, at both national and local
level. This generally favourable situation is certainly due
in part to the practice of organising information seminars
on the activities of the Committee in States which have
recently become Parties to the Convention. In the course
of 1998, such seminars were held in Chişinău, Moscow,
Skopje and Zagreb.1
2.
The CPT carried out ten periodic visits: to
Andorra, Croatia, Finland, Iceland, Ireland, Moldova,
Spain, Sweden, “the former Yugoslav Republic of
Macedonia”, and Ukraine. This was the first time the
CPT had visited Andorra, Croatia, Moldova, “the former
Yugoslav Republic of Macedonia” and Ukraine. As for
the remaining countries, 1998 marked the second
occasion on which the Committee had visited them on a
periodic basis (and for Spain, the third).
5.
Nevertheless, delays in gaining access to
particular establishments are still encountered from time
to time, especially as regards law enforcement agencies.
The policy of CPT delegations has always been, and will
remain, to persist until such time as access to the
establishment concerned is provided. The Committee
wishes to stress in this regard that an initial refusal of
access to a place of deprivation of liberty constitutes a
flagrant and most serious violation of Article 8 of the
Convention (according to which the CPT may at any
time visit any place of deprivation of liberty), as well as
of the principle of cooperation set out in Article 3; as
such, it could certainly justify the making of a public
statement under Article 10, paragraph 2, of the
Convention.
3.
In addition, three ad hoc visits were organised:
to Albania, Germany (Frankfurt am Main Airport) and
the Russian Federation.
The main objective of the December 1998 ad
hoc visit to Albania was to review the conditions at
Elbasan Psychiatric Hospital as well as at Prison No. 313
and the Prison Hospital in Tirana. These establishments
had been the subject of a number of recommendations
after the CPT’s periodic visit in December 1997.
The visit to Germany in May 1998 was
organised in order to verify the conditions of detention
of immigration detainees at Frankfurt am Main Airport,
as well as to examine the procedures for enforcement of
removal orders. Prior to the visit, the CPT had received
critical reports of those conditions as well as allegations
of the use of excessive force during the enforcement of
removal orders.
The November 1998 ad hoc visit to the
Russian Federation took place two months after the
Convention’s entry into force in respect of that country.
In this connection it should be recalled that the CPT
accords a high priority to visiting without delay States
which have recently ratified the Convention. As regards
in particular the Russian Federation, in recent years the
CPT has received extremely alarming reports about
conditions of detention in the country’s pre-trial
establishments (SIZO's). Consequently, the CPT
considered that it should examine without delay the
treatment of persons held in establishments of this type.
The visit also provided an opportunity to examine the
manner in which detained persons are treated by the
police (Militia) during the initial period of their custody.
The Committee also wishes to recall the
obligation placed on Parties by Article 8, paragraph 2(b),
of the Convention to provide full information on places
where persons are deprived of their liberty. It remains
the case that lists of such places are quite frequently not
provided to the Committee in good time.
6.
Further, reference should be made to the
practice observed on occasion in law enforcement
agencies of police officers noting the exact length of
time spent by delegation members with detained
persons. There can be no legitimate reason for the
recording of such information.
1
To date in 1999, similar information seminars have
been held in Rīga and St. Petersburg.