- 31 - CDL-AD(2006)009 133. The case might arise that some section of the public authorities of the Council of Europe member State (police, security forces etc.) is informed and tolerates, or fails to prevent or even co-operates in the maintenance of secret detentions without government knowledge. While this situation raises the already mentioned constitutional issue of control over security forces, the State remains responsible under the European Convention on Human Rights. 134. States which have ratified the European Convention for the Prevention of Torture have the obligation to co-operate with the Committee for the Prevention of Torture and to provide it with a list of all the detention centres which are present on their territory. CPT must have access to all and any of these detention centres. Failure by a State to inform CPT of any detention facility can be seen as a lack of co-operation within the meaning of Article 3 ECPT84, which, if not clarified appropriately, can result in procedures towards a public statement under Art 10(2)85. 135. As concerns international humanitarian law, the Geneva Conventions (Articles 126 of GCIII and 143 GCIV) grant the International Committee of the Red Cross “permission to go to all places where prisoners of war or protected persons may be, particularly to places of internment, imprisonment and labour”, and “access to all premises occupied by” them, including “the places of departure, passage and arrival of prisoners who are being transferred”. Responsibility could arise in this respect too. 136. Insofar as detention can be “secret” vis-à-vis the national authorities, the Commission considers that a State is exempted from responsibility only if and as long as it does not have any knowledge of a detention carried out by foreign agents in breach of its territorial sovereignty. However, if any branch of the State is involved in or informed about the detention, irrespective of their acting ultra vires, the responsibility of the State as a subject of international law is engaged (see paras. 38-43 above). C. Council of Europe member States’ obligations in respect of interstate transfers of prisoners 137. There are only four legal ways of transferring a prisoner to foreign authorities: deportation, extradition, transit and transfers of sentenced persons for the purpose of their serving the sentence in their country of origin. 138. Extradition and deportation proceedings must be specified by the applicable law, and the prisoners must be given access to the competent authorities. In addition, extradition and deportation proceedings cannot be carried out where substantial grounds have been shown for believing that the person in question, if expelled, would face a real risk of being subjected to treatment contrary to Article 3 of the ECHR and of the UN Convention against Torture in the receiving country. In these circumstances, Article 3 implies the obligation not to expel the person in question to such a country. 84 Article 3 ECPT provides: “In the application of this Convention, the Committee and the competent national authorities of the Party concerned shall co operate with each other.” See also Article 8 § 2 (b) ECPT. 85 Article 10 § 2 ECPT provides: “If the Party fails to co-operate or refuses to improve the situation in the light of the Committee's recommendations, the Committee may decide, after the Party has had an opportunity to make known its views, by a majority of two thirds of its members to make a public Statement on the matter.”

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