CAT/OP/HND/3
aware, while not excluding any type of institution or any geographic area from the
scope of its work.
19.
The national preventive mechanism should plan its work and its use of resources in
such a way as to ensure that it is able to conduct its visits to places of detention properly.8
The Subcommittee recommends that the national preventive mechanism divide up the
tasks to be conducted by its members before their arrival at a place of detention in
order to avoid any duplication of work and to enable them to cover as many areas as
possible. It also recommends that they choose specific issues to be addressed with
particular attention during each visit. The make-up of the visiting team should be
such as to allow both general and specific issues to be covered and should include a
health-care professional, preferably a doctor.
20.
The Subcommittee believes that, in the medium term, it is important for the national
preventive mechanism to have operational guidelines and handbooks that will provide a
means of transferring knowledge when the membership of CONAPREV changes. The
Subcommittee recommends that the national preventive mechanism develop
guidelines for visits to the various types of places of detention, including guidelines for
conducting private interviews, as well as policies for dealing with vulnerable groups of
inmates and ensuring that information from all available sources is collected.9
21.
The Subcommittee believes that unannounced visits or visits for which short notice
is given make it possible to obtain a clearer picture of the prevailing conditions in places of
detention. The Subcommittee recommends that information about the national
preventive mechanism’s visits should be kept confidential so that unannounced visits
can be made.
During visits
22.
Overall, the members of the Subcommittee observed that the CONAPREV team
members behaved correctly in their dealings with the authorities in places of detention.
They also observed, however, that the team’s contacts with persons deprived of their liberty
were extremely brief and that the principle that interviews should be confidential and
voluntary was not fully respected. The Subcommittee is of the view that an accurate,
complete presentation of the mechanism’s mandate and objectives facilitates
communication with interviewees and thus improves the interviews. The Subcommittee
recommends that the members of the national preventive mechanism introduce
themselves to persons being held in custody and tell them their name, profession and
the position they occupy in the national preventive mechanism. The interviewer
should explain what the mandate of the national preventive mechanism is, placing
particular emphasis on its preventive nature. The interviewer should also obtain the
consent of the interviewee and make it clear that the interview is confidential,
voluntary and can be interrupted at any time at the interviewee’s request. The
Subcommittee also recommends that the national preventive mechanism prepare a
pamphlet that describes its mandate and working methods, explains the concept of
informed consent and provides contact information. It should also indicate that any
type of reprisal should be reported to the national preventive mechanism.
23.
Private interviews of persons who have been deprived of their liberty are a
fundamental component of preventive visits and are specifically authorized in the Optional
Protocol.10 In principle, unless there are sound reasons for doing otherwise, the
8
9
10
6
CAT/OP/12/5, para. 34.
CAT/OP/1, para. 13.
Optional Protocol, art. 20 (d).
GE.13-40547