CAT/OP/HND/3
Subcommittee recommends that the national preventive mechanism hold private,
individual interviews with persons being held in custody and with employees,
including medical personnel, of the institution that is being visited.
24.
In addition, the Subcommittee recommends that, as a general rule, members of
the national preventive mechanism include questions about the health of persons who
are being held in custody and about their access to a doctor or other health
professional.
25.
The Subcommittee recommends that the team of the national preventive
mechanism tour all the facilities in the institutions that its members visit and that the
team systematically examine those institutions’ records and files so that they can be
cross-checked with information from other sources. If records are unavailable, then
the national preventive mechanism should recommend changes in existing practices
that will make it possible to check inmate records and files.
26.
The Subcommittee believes that a full picture of the situation in any given place of
detention can be obtained only by thoroughly inspecting the facilities, examining the
institution’s records, and talking to inmates and staff. In view of the fact that CONAPREV
has so few members at present, the Subcommittee believes it to be extremely important for
all of its members to speak with inmates during visits. The Subcommittee recommends
that all members of the national preventive mechanism speak with inmates and that
they not place more priority on speaking with the authorities of places of detention
than on interviewing inmates.
27.
Members of the Subcommittee observed that, on occasion, some members of
CONAPREV focused on specific complaints made by inmates and tried to resolve the
situation. Although the attempt to resolve individual cases is praiseworthy, the
Subcommittee recalls that the national preventive mechanism’s mandate differs from those
of other bodies that work to combat torture, such as the Office of the National
Commissioner for Human Rights, in that it focuses on prevention, on identifying causal
factors and on detecting cases in which a systemic risk of torture exists. The
Subcommittee recommends that the national preventive mechanism develop clear
guidelines for reporting cases of torture or ill-treatment and other violations of the
rights of persons who have been deprived of their liberty and for requesting, with the
consent of the interviewee in question, that investigations be opened.
Follow-up to visits
28.
The national preventive mechanism should prepare reports on the visits it
conducts.11 Its visits will be much less effective if it does not issue a report following each
visit. The Subcommittee recommends that a report should be an output for every visit
conducted by the national preventive mechanism. The report should focus on
prevention and on identifying the problems that exist and proposing solutions in the
form of recommendations. These recommendations must be well-founded, should be
directed towards developing preventive measures to deal with shortcomings in
systems and practices, and should be practicable.12 The Subcommittee recommends
that the national preventive mechanism cover more issues in its visit reports, improve
its coverage and be more thorough in this regard. It should also, in particular, bear in
mind United Nations standards (including those reflected in the Subcommittee’s
11
12
GE.13-40547
CAT/OP/12/5, para. 36.
CAT/OP/1, para. 20.
7