or inhuman treatment by private individuals
rather than a state official, the ECtHR
highlighted the responsibility imposed on
states to put in place preventive measures
that protect individuals under their jurisdiction
from torture and inhuman or degrading
treatment or punishment, whatever the
source of that ill-treatment might be. 81 These
measures
should
provide
effective
protection, in particular for children and other
vulnerable persons, and include reasonable
steps to prevent ill-treatment of which the
authorities had or ought to have had
knowledge. 82
for the Prevention of Torture, 85 organises
periodic visits to places where people are
deprived of their liberty or freedom and
issues reports containing recommendations.
Places visited include, among others,
immigration detention centres, psychiatric
hospitals or social care facilities.
Legislation in all EU Member States contains
safeguards to ensure that force is only used
when necessary and proportionate. These
safeguards are also applicable in the context
of border management or initial registration
and reception of asylum seekers. In the
Netherlands, for example, according to the
Ministry of Security and Justice, the use of
force by state actors must always be limited
to a minimum. It must always be
proportionate and justifiable, in line with the
‘violence instruction’ (geweldsinstructie) 83 of
the services. However, legislation alone –
even if accompanied by concrete guidance –
is not sufficient to prevent abuse. As
described above under ‘identification’, staff
need to be adequately trained to enable them
to handle difficult situations. Moreover,
effective
monitoring
and
complaint
mechanisms must be in place.
Issues raised by these monitoring bodies
include, for instance, the use of force,
safeguards against ill-treatment and the
conditions of detention. For example, in its
report to the Government of the Netherlands,
the CPT remarked on the conditions of the
penitentiary psychiatric centres, where
immigration detainees may also be kept, and
invited the government to increase the role of
the Ministry of Health. 86 Similarly, the CPT
observed the treatment of foreign nationals
during a joint removal operation between
Spain and Germany, as coordinated by
Frontex, in which individuals were transferred
from Spain to Colombia. It noted that it did not
observe any instances of ill-treatment of the
returnees but recommended that returnees
are informed several days in advance of their
impending return flight. 87
Table 2 provides an overview of the work of
these two Committees in the EU Member
States covered by this report during the past
year. Between 1 January 2016 and 31 January
2017, the CPT visited four EU Member States
and the UN Committee reviewed reports by
three EU Member States.
Monitoring bodies
Such
supra-national
bodies
are
complemented by National Preventive
Mechanisms set up under the Optional
Protocol to the UN Convention against Torture
(OPCAT). 88 The Protocol requires each
signatory State to “maintain, designate or
establish, one or several independent
national preventive mechanisms for the
prevention of torture at the domestic level”. 89
Monitoring mechanisms help ensure that
Member States comply with their obligations
to prevent torture, abuse or any other form of
excessive violence. All signatory States to the
United Nations Convention against Torture
must submit regular reports to the UN
Committee against Torture, which issues
Concluding Observations. 84 They cover
positive
aspects,
remarks
and
recommendations for each State to ensure
the fulfilment of its obligations, including
prevention. In addition, specially created
monitoring bodies undertake field visits: at
the European level, the Committee for the
Prevention of Torture of the Council of Europe
(CPT), as set up by the European Convention
As shown in Table 3, all EU Member
States covered in this report, except
for
Slovakia,
have
National
Preventive Mechanisms that were
set up under Optional Protocol to
the UN Convention against Torture
(OPCAT).
9