CAT/OP/CHE/RONPM/1
44.
However, the Subcommittee emphasizes that the fact that the National Commission
for the Prevention of Torture cannot be fully considered an independent authority likely
tarnishes its image somewhat and, by extension, undermines its ability to fully and effectively
carry out its preventive mandate.
45.
The Subcommittee recommends that the National Commission for the
Prevention of Torture urge the Federal Government and other stakeholders to ensure
that the independence of the Commission is both recognized and realized, and that this
serves to enhance its visibility and its ability to carry out its mandate.
46.
To the same end, the Subcommittee encourages the National Commission for the
Prevention of Torture to conduct public awareness campaigns and to undertake, in
cooperation with a wide range of stakeholders, promotional activities focusing on its
mandate and its work in places of deprivation of liberty for the benefit of the competent
public authorities, including the cantons, civil society, lawyers, judges and other legal
professionals.
B.
Recommendations on visit methodology
Preparation and aims of visits
47.
The Subcommittee accompanied the National Commission for the Prevention of
Torture as it engaged in its substantive work of protecting persons deprived of their liberty,
specifically during an announced visit to a place of deprivation of liberty, namely, Bern
regional prison. As the Commission had already visited the facility four years earlier, the
purpose of this joint visit was to verify whether the recommendations made had been
implemented. For logistical reasons, only three members of the delegation accompanied the
Commission.
48.
While acknowledging that, owing to its limited human resources, it is difficult for
the National Commission for the Prevention of Torture to have an effective overall
strategy and a workplan, the Subcommittee recommends that the Commission develop
a strategy focusing on unannounced visits and more frequent follow-up visits that will
enable it to assess the implementation of its recommendations within a shorter time
frame.
Conduct of the visit
Presentation of the national preventive mechanism
49.
The Subcommittee observed that the prison authorities had a good knowledge of the
mandate of the national preventive mechanism, which was clearly identified as the National
Commission for the Prevention of Torture in Switzerland. The Subcommittee notes with
satisfaction that the Commission presented its mandate in a clear and informative manner.
Interviews
50.
The delegation observed that the interviews were conducted in accordance with the
applicable rules, with care and sensitivity.
51.
On occasion, however, it noted that the requisite information on the confidentiality of
the interview or on the mandate of the national preventive mechanism was not communicated.
52.
While the Subcommittee recognizes that the members of the National
Commission for the Prevention of Torture conduct themselves in a very professional
manner, it nevertheless recommends that they introduce themselves to interviewees by
stating their name and function, that they explain the mechanism’s mandate and that
they reinforce the latter’s preventive aspect. The explicit and informed consent of
interviewees should always be obtained; it should also be made clear that the interview
is confidential, voluntary and can be interrupted at any time at the interviewee’s request.
The Subcommittee is of the view that introducing themselves properly will help
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