CPT: 15TH GENERAL REPORT
19.
Looking beyond the Council of Europe, there
have been several examples during the last twelve
months of good cooperation between CPT visiting
delegations and OSCE field missions, and of the
participation of CPT representatives in training
activities for national officials organised by the OSCE.
Further, the CPT took an active part in the Human
Dimension Implementation meeting organised by the
OSCE in Warsaw in October 2004, and the same will
be the case at the 2005 meeting.
Regular contacts are also maintained with the
International Committee of the Red Cross (ICRC). In
particular, in May 2005, the CPT’s Bureau had the
opportunity to meet the President of the ICRC,
Mr Jakob KELLENBERGER, and several senior ICRC
officials for a broad-ranging exchange of views.
At the Council of Europe’s Third Summit in
Warsaw (May 2005), the Heads of State and
Government, when addressing relations with the
European Union, called for strengthened cooperation
between the EU and specialised Council of Europe
bodies, including the CPT. The Committee’s
delegations do on occasion meet with EU
representatives in the course of visits, in particular in
certain countries of the Balkan and South Caucasian
regions. Moreover, there are regular contacts with
representatives of the European Commission
concerning the CPT’s findings in EU candidate
countries which are in the public domain. The CPT will
strive to develop cooperation with relevant EU bodies;
strengthened relations may be possible, for example, in
the context of finding means of ensuring the effective
implementation of the Committee’s recommendations
(cf. also paragraphs 21 to 23).
20.
Reference should also be made to the Optional
Protocol to the United Nations Convention against
Torture, which is expected to enter into force in 2006.
This will lead to the setting up of a Sub-Committee on
the Prevention of Torture as well as national preventive
mechanisms. The Optional Protocol explicitly
encourages the Sub-Committee and regional bodies
such as the CPT to “consult and cooperate with a view
to avoiding duplication”, and the CPT has already
tabled a specific proposal aimed at facilitating that
process (cf. the Committee’s 13th General Report CPT/Inf (2003) 35, paragraph 22).
In the meantime, the CPT stands ready to
share its experience with those responsible for setting
up the new mechanisms provided for by the Optional
Protocol. Representatives of the Committee have
already participated in meetings on this subject
organised by the Association for the Prevention of
Torture in association with the Office of the UN High
Commissioner for Human Rights.
9
21.
On-site monitoring of the treatment of persons
deprived of their liberty is not an end in itself; to be
worthwhile, it must be accompanied by effective
means of ensuring the implementation of
recommendations made. It is first and foremost for
Parties to the Convention to take decisive action to
improve the situation in the light of the CPT’s
recommendations. However, it is also incumbent upon
the Committee itself to explore all avenues to promote
the taking of such action by the Parties.
22.
Reference was made in the 14th General
Report to the idea of organising a pilot project in a
limited number of countries amongst those
experiencing difficulties with the implementation of
the CPT’s recommendations, especially those requiring
significant financial investment (cf. CPT/Inf (2004) 28,
paragraph 13). A document fleshing out this proposal
has just been presented to the Committee of Ministers,
and the CPT hopes that it will be viewed favourably; it
could do much to ensure that the Committee’s
recommendations lead to tangible results.
23.
The CPT is also rethinking its working
methods in order to deal with situations where key
recommendations repeated after multiple visits remain
unimplemented. Yet another visit or the issuing of a
public statement are not necessarily the best tools with
which to make progress. A more intense dialogue
involving face-to-face discussions with the relevant
national authorities will be the route chosen in
appropriate cases; there have been recent fruitful
examples of this approach.
Further, more might be done by the CPT to
ensure that its main concerns are fully understood by
national authorities as from the outset. In certain cases,
the Committee will seek to organise high-level talks
simultaneously with the transmission of a visit report,
thereby providing the opportunity to highlight and, if
necessary, clarify the most important recommendations.