CPT: 14TH GENERAL REPORT
6.
The main purpose of the ad hoc visit to
Azerbaijan in January 2004 was to examine the
treatment of persons who had been detained in relation
to events which followed the Presidential election of
mid-October 2003. According to reports received by
the CPT, a large number of persons were arrested and
it was alleged that many of them had been ill-treated.
Similarly, the ad hoc visit to Armenia in
April 2004 was prompted by reports concerning the
treatment of persons detained in the course of or
following demonstrations organised earlier that month
in Yerevan by opposition parties.
7.
Several of the visits focused on the situation
of “immigration detainees”. This was the case, for
example, of the ad hoc visit to Malta in January
2004, organised following the receipt of several critical
reports during the second half of 2003. Malta had since
2001 experienced a sharp and unprecedented increase
in the number of irregular migrants, who were
systematically detained when caught. The CPT’s
delegation examined the manner in which these
persons were treated by custodial staff as well as their
conditions of detention.
Reference should also be made to the ad hoc
visit to Switzerland in October 2003. The CPT’s
delegation examined the measures taken in response to
the
recommendations
concerning
immigration
detainees made by the Committee after its periodic
visit in 2001, particular attention being given to the
procedures and means of restraint applied in the
context of forcible removals by air.
The March 2004 ad hoc visit to the United
Kingdom focused on persons detained pursuant to the
Anti-Terrorism, Crime and Security Act 2001; this Act
provides for the administrative detention (by
Ministerial decision), for an indefinite period, of
foreigners believed to pose a risk to national security
and suspected of being international terrorists who, for
legal or practical reasons, cannot be removed from the
country. The treatment of such persons, who are
considered as immigration detainees, had already been
the subject of an ad hoc visit in February 2002. The
CPT’s delegation interviewed each of the twelve
persons being detained exclusively under the 2001 Act,
six of whom had been deprived of their liberty since
December 2001. Particular attention was paid to the
impact of the conditions of detention on the mental and
physical well-being of the detainees.
9
8.
The main purpose of the ad hoc visit to
Bulgaria in December 2003 was to review the
situation of persons placed in homes for adults with
mental disorders. The CPT has visited establishments
of this kind in Bulgaria in the past, and the conditions
observed were of deep concern to the Committee. The
report on the December 2003 visit and the response of
the Bulgarian authorities were published in June 2004.
Replying to the CPT’s criticism of the very poor
conditions observed at the home for men in the village
of Pastra, the Bulgarian authorities highlight plans for
the transfer of the residents to new facilities in
Kachulka.
The ad hoc visit to Romania in June 2004
focused on the situation of patients at Poiana Mare
Psychiatric Hospital, an establishment already visited
by the CPT in 1995 and 1999. The Committee had
received alarming reports in the course of 2004,
according to which a considerable number of patients
had recently died at the hospital as a result of
hypothermia and/or malnutrition.
9.
The primary aims of the ad hoc visit to
Turkey in September 2003 were to examine current
treatment of persons in the custody of law enforcement
agencies and assess the extent to which the safeguards
recommended by the CPT in previous reports, and
incorporated in recent legislative reforms, were being
implemented in practice. The report on that visit and
the Turkish authorities’ response were published in
June 2004. The above-mentioned issues were further
explored during the Committee’s periodic visit to
Turkey in March 2004.
The May 2004 ad hoc visit to Latvia was
organised in order to review the measures taken by the
national authorities to implement recommendations
made by the CPT after its periodic visit in 2002.
Particular attention was paid to the treatment of
persons detained by the police and to conditions of
detention in police and prison establishments. The
regime and security measures applied to life-sentenced
prisoners were also examined.
Similarly, the main purpose of the CPT’s most
recent ad hoc visit, to “the former Yugoslav
Republic of Macedonia” in July 2004, was to review
measures taken following findings made by the
Committee during previous visits. The delegation
focused on the treatment of persons detained by the
law enforcement agencies (and the related issue of
accountability) and the situation in remand prisons.