-64.
In the course of two visits, the activities of delegations were hindered somewhat by
prosecuting/judicial authorities.
In one case, a public prosecutor refused to authorise a delegation to interview several persons in
police custody, in clear breach of Article 8, paragraph 3, of the Convention. The public prosecutor
withheld her authorisation on the grounds that she had received no information concerning the
delegation's visit. The matter was subsequently clarified and the delegation met the persons in question
on the following day.
In the other case, the delegation's request to have access to a detained person's file was refused
by the judge concerned, with the result that the delegation did not have access to the information
necessary for it to carry out its task (cf. Article 8.2. d. of the Convention).
5.
Reference should also be made to difficulties encountered in two countries by visiting
delegations, concerning access to medical files of detainees. In one case, access to such files held by a
prison's health service was initially denied; in the other case, it took some considerable time to gain
access to medical records of detainees prepared by a forensic medical service.
6.
The CPT has no reason to believe that these cases were due to anything other than inadequate
knowledge about the CPT on the part of the authorities in question. Nevertheless, they illustrate how
important it is for Parties to the Convention to make detailed information on the CPT's terms of
reference and the obligations of Parties vis-à-vis the Committee available to all authorities concerned,
including the prosecuting and judicial authorities as well as relevant health authorities.
b.
Meetings
7.
The CPT met in plenary session on four occasions during 1992. Visit reports were adopted on
the periodic visits in 1991 to France, Germany, Sweden and Switzerland and to Italy and Portugal in
19922. Further, in the context of the Committee's ongoing dialogue with States which have been the
subject of a visit, it forwarded observations to the Maltese, Swedish and United Kingdom authorities on
the interim or follow-up reports presented by those countries in response to the Committee's own visit
reports3.
2
At the plenary session held in February 1993, the CPT adopted its reports on the
periodic visits carried out to Finland and San Marino in 1992, and at the plenary
session of May 1993, its reports on the periodic visits to Cyprus and the Netherlands in
1992.
3
To date, such observations have been forwarded to the Austrian and French
authorities during 1993.