CAT/OP/DEU/2
facilitates communication and trust-building with the respondents and thus improves the
interviews.
58.
The SPT recommends that members of the visiting teams provide information
leaflets to the authorities on the NPM and that its members undertaking interviews
introduce themselves to persons deprived of liberty and tell them their name,
profession and the position they occupy within the mechanism. The interviewer should
explain the mandate of the NPM, placing particular emphasis on its preventive
nature. The interviewer should also obtain the consent of the interviewee and make it
clear that the interview is confidential, voluntary and can be interrupted at any time
at the interviewee’s request. The SPT also recommends that the NPM regularly
update the leaflet that describes its mandate and working methods, explaining the
concept of informed consent and providing contact information. The leaflet should
also indicate and encourage persons deprived of their liberty to report any reprisal to
the NPM using the contact details of the leaflet.
59.
Private interviews with persons deprived of their liberty are a fundamental
component of preventive visits.17 The SPT noticed that the majority of interviews
conducted during the visits were collective, often done in the near presence of the warders.
60.
In principle, unless there are compelling reasons for doing otherwise, the SPT
recommends that the NPM conduct private, individual and unsupervised interviews
with detainees, staff and others, including the medical personnel. In addition, the SPT
recommends that, as a general rule, members of the NPM include questions relating
to the health of persons deprived of their liberty and their access to a health
professional and facilities.
61.
The SPT observed that the visiting teams lacked measuring equipment to verify the
actual conditions of the place of detention (e.g. size, light, temperature), such as torches,
lamps, thermometers etc. In addition, not all the members of the team were wearing
identification badges.
62.
The SPT recommends that the NPM use appropriate measuring equipment and
wear visible identification.
63.
In the SPT view, given the scarce resources and distance it needs to travel to visit
places of deprivation of liberty, the NPM ought to take full advantage of its presence by
undertaking a thorough inspection of the facilities visited, examining documentation and
talking with detainees and relevant staff.
64.
The SPT recommends that NPM team members inspect all facilities in the
places of deprivation of liberty it visits, systematically examining records and files and
cross-checking them with information from other sources. If records are unavailable,
the NPM should recommend changes in existing practices that will enable them to
become available. Due to their limited size, the SPT recommends that all members of
the NPM visit teams speak with detainees, giving such interviews at least an equal
priority with speaking to those in authority.
65.
The SPT noted that on one occasion some NPM members focused on individual
complaints made by detainees and attempted to resolve them even though the NPM is not
mandated to do so.
66.
Although the intention is laudable, the SPT recalls that the mandate of the
NPM differs from that of other bodies working against torture and is characterized by
17
Optional Protocol, art. 20 (d).
11
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