CPT: 17TH GENERAL REPORT
6.
The ad hoc visit to Hungary in
January/February 2007 focussed on the Special Regime
Unit for prisoners serving lengthy sentences (HSR
Unit) recently set up at Szeged Prison. The CPT had
previously expressed concern about plans to open a
special unit for “actual lifers” (i.e. prisoners sentenced
to life imprisonment who cannot be released, except on
compassionate grounds by pardon), stressing that it
could see no justification for keeping “actual lifers”
apart from other prisoners serving lengthy prison
terms. During the ad hoc visit, the CPT’s delegation
examined the extent to which its concern had been met
by the HSR Unit.
In this context, the CPT must also make clear
that it has serious reservations about the very concept
according to which certain prisoners can be considered
at the time of their sentencing to constitute a permanent
threat to society and hence be deprived of any hope of
ever being released. To take such a once-and-for-all
decision is a fundamentally unsound approach. No one
can reasonably argue at a given point in time that a
particular person will always remain dangerous to
society.
7.
The CPT organised its first visit to Kosovo in
March 2007. An agreement had already been signed in
August 2004 between the Council of Europe and the
United Nations Interim Administration in Kosovo
(UNMIK), guaranteeing access for the CPT to places
where persons were detained under the authority of
UNMIK. However, the commencement of the
Committee’s activities in Kosovo was also dependent
on the existence of arrangements guaranteeing access
to detention facilities operated by the “international
security presence in Kosovo” (KFOR); these
arrangements were finally concluded in July 2006.
The CPT’s delegation examined the treatment
and conditions of detention of persons held in a variety
of establishments throughout Kosovo, including police
stations, prisons, psychiatric facilities and social
welfare institutions. It also visited the detention
facilities at the United States military base “Camp
Bondsteel”, where persons may be detained under the
authority of KFOR.
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8.
In September 2006, the CPT organised its
ninth ad hoc visit to the North Caucasian region of
the Russian Federation. It was very much a follow-up
to the Committee's eighth visit to that region in
April/May of the same year, and focused on the
Chechen Republic. The disturbing findings made
during these visits combined with an absence of
effective remedial action by the Russian authorities led
the CPT to issue a public statement on 13 March 2007
(see Appendix 9), its third to date concerning the
Chechen Republic.
Progress has undoubtedly been made in recent
years in the Chechen Republic as regards material
conditions of detention, and it should be noted that no
allegations were received of ill-treatment of prisoners
by staff of the penitentiary establishments visited in
2006.
However, the CPT's delegation found that
resort to torture and other forms of ill-treatment by
members of the law enforcement agencies and security
forces in the Chechen Republic continued, as did the
related practice of unlawful detentions. Further, from
the information gathered during the September 2006
visit, it was clear that investigations into cases
involving allegations of ill-treatment were rarely
carried out in an effective manner.
The CPT has been raising these very serious
issues related to the Chechen Republic for a number of
years. Once it became apparent that the Russian
authorities had still not taken decisive measures to
address them, the Committee felt that it had no option
but to make a public statement.
9.
The CPT’s ad hoc visit to Spain in January
2007 was triggered by reports received towards the end
of 2006 concerning José Ignacio De Juana Chaos, a
prisoner on hunger strike. According to those reports,
this prisoner was being fed against his will by nasogastric tube. The Spanish authorities subsequently
confirmed that the prisoner had been transferred to the
Doce de Octubre Hospital in Madrid on 24 November
2006 and was being artificially fed, following an
authorisation given by the Central Court of Instruction
No. 2 of the Audiencia Nacional.
The CPT’s delegation examined the
modalities of care and custody of this prisoner at the
Doce de Octubre Hospital. In the course of the visit,
the delegation interviewed the prisoner and held
consultations with both the medical team responsible
for managing the hunger strike and the competent
judicial authorities.