and ill-treatment; (2) access to basic legal
safeguards such as a lawyer and doctor
of one’s own choice; (3) the physical and
psychological conditions in places of deprivation of liberty, including mental health
institutions; (4) specific practices of torture
and ill-treatment in places of detention; (5)
places or practices of particular concern;
(6) the existence of secret places of detention; and (7) the functioning of the NPM (or
the process of establishing an NPM).
In Mexico, NGOs drew the SPT’s
attention to a number of detention facilities that were not recognised by the
government in the list of existing detention facilities submitted to the SPT.
This enabled the SPT to visit and report
on the situation in these detention facilities despite the lack of government
recognition of their existence.
When producing the report, it is important
to keep a few general considerations in
mind. First, for most countries, the SPT will
have many resources that can provide the
general picture of torture and ill-treatment
in the country, such as other UN human
rights mechanisms and regional mechanisms. Second, the SPT only has a limited
amount of time available during the visit,
which means that they may not have a lot
of time to understand the complete situation and context in the individual detention
facilities it visits. It is therefore very helpful
if they have some idea of what to look out
for in specific places of detention.
NGOs can contribute to this by producing
reports, which are as concrete and welldocumented as possible. This may include
statistics and case examples focusing on
the situation in specific places of detention
or the use of specific methods/practices
of torture and ill-treatment. It is important
to note that statistics should preferably be
processed and with commentary, and cases should not be submitted in the hope that
they are individually addressed – only to
illustrate trends. Another focus area could
be the impact of certain rules or regulations
on torture and ill-treatment in detention.
Through these reports, the SPT members
will be better prepared, and they will have a
solid understanding of the context around
specific places of detention, which would
otherwise be difficult to obtain without a
more continuous detention monitoring in
a country. In other words, one of the main
objectives is to put the members of the SPT
delegation in a position where their understanding and appreciation of the national
context is as close to that of a local detention monitor as possible.
Although there are no fixed deadlines for
when to submit the reports, it is recommended to submit them as early as possible
after the visit has been announced to make
sure that the SPT and its Secretariat has
sufficient time to process and analyse the
information. It may be advisable to contact
the SPT Secretariat directly in order to get
an indication of any informal deadlines for
submitting information.
Another good practice in preparation for
SPT visits is to have a pre-mission seminar in the country involving all relevant
stakeholders, including government representatives, representatives of the NPM
and NHRI, civil society and one or more
SPT members. The aim of such a seminar
is to ensure a greater familiarity among domestic stakeholders with the procedures
Working with the UN Subcommittee on Prevention of Torture: A practical guide for NGOs engaging with SPT country visits
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