CAT/OP/CRI/RONPM/1
25.
The Subcommittee recommends that the mechanism develop a stronger
strategy in order to differentiate its team from that of the Ombudsman’s Office and to
make clear the specific nature of its mandate to persons deprived of their liberty. To
that end, the Subcommittee recommends, for example, organizing awareness-raising
campaigns and other promotional activities, such as the production and distribution
of materials on the specific nature of the mandate and activities of the mechanism,
and considering the possibility of providing members of the mechanism with clothing 3
of a specific colour or marked with a symbol or logo so as to clearly set them apart
from members of the Ombudsman’s Office.4
26.
The Subcommittee recommends that, during visits, the members of the
mechanism present themselves in a specific, easy-to-understand manner to the
authorities of places of detention and to persons deprived of their liberty, and that
they clearly explain their mandate and the objectives of their visit.
C.
Joint visit and interview methodology
27.
The Subcommittee conducted a joint visit with the mechanism during which it was
able to observe its working methods. The Subcommittee experts split into two groups, with
each group observing the work of two members of the mechanism. Overall, the way in
which the members of the mechanism conducted their work made a good impression on the
Subcommittee delegation.
28.
The joint visit began with a meeting with the prison director, which lasted around an
hour. Meetings with the prison authorities that take place upon arrival at an establishment
must be focused on obtaining basic information about the establishment, such as the
number of detainees per category or follow-up to recommendations made during the
mechanism’s previous visit. During the meeting, the Subcommittee noted that the
mechanism members did not inquire as to the progress made in respect of the
recommendations made during previous visits.
29.
As for interview methodology, the Subcommittee noted that, in some interviews
with persons deprived of their liberty, the members of the mechanism did not introduce
themselves as such and did not explain clearly their mandate as it relates to prevention. One
group of Subcommittee experts noted that the introductory part of interviews was not easily
understandable for persons deprived of their liberty and the mandate of the interviewers and
the institution they represented was not made clear. On other occasions, the members of the
mechanism did not request the consent of persons deprived of their liberty before
conducting interviews, did not make clear that the interviews were confidential and
voluntary and did not inform interviewees that the interviews were not meant to address
individual cases.
30.
The Subcommittee recommends that members of the mechanism always
introduce themselves to interviewees, by giving their name and information about the
mechanism and its preventive mandate. The express consent of the detainee should
always be obtained and it should be made clear that the interview is voluntary and
confidential and can be interrupted at any time at the interviewee’s request. The
Subcommittee is of the view that an appropriate and complete presentation builds
trust with the interviewee and facilitates communication and information-sharing.
31.
The Subcommittee would like to recall that the purpose of the interviews is to
gain a better understanding of the situation of persons deprived of their liberty and to
identify cases of torture and ill-treatment and any patterns thereof, with a view to
formulating recommendations to prevent similar situations from occurring in the
future. The Subcommittee recommends that the administration of the mechanism
ensure that all the staff responsible for carrying out visits receive specific training on
3
4
6
The Subcommittee noted with satisfaction the arrival of a shipment of vests designed for the
mechanism at its last meeting with members of the mechanism. The vests will no doubt greatly
increase the mechanism’s visibility during visits.
CAT/OP/12/5.
GE.19-21442