Furthermore, police and prison guards in places of detention can play a large role
in preventing a suspect, accused person or defendants from speaking with their
lawyer, either by restricting contact with the outside world, or by preventing them
from having confidential discussions with their lawyers, by placing other police or
guards in the room. The power dynamic of a detainee being in close quarters to or
under the control of their abuser can have a serious impact in dissuading detainees from reporting torture or other ill-treatment. In one Western European OSCE
participating State, judicial restrictions on pre-trial detainees’ contacts with the
outside world – notably with regard to supervised visits, withholding or monitoring
of correspondence and the prohibition of telephone calls – has been a cause of
concern for torture monitoring bodies.255
116. Conditions in the prison or place where pre-trial detainees are held may, in themselves, constitute cruel, inhuman or degrading treatment, and concerns were
raised for several OSCE participating States surveyed for this report.256 Further,
prolonged pre-trial detention can in itself constitute ill-treatment.257
117. In another Western European OSCE participating State, the majority of pre-trial
detainees have restrictions placed on their contact with the outside world, as well
as with fellow inmates. The impact of the restriction is that most pre-trial detainees
are “spending up to 23 hours per day alone in their cell, with hardly anything to
occupy themselves.”258 The CPT has repeatedly and extensively criticized this practice and highlighted the extremely negative impact it has had on the mental health
of detainees.259 In some instances, the severity of restrictions are akin to solitary
confinement, which can in itself constitute cruel, inhuman and degrading treatment,
255 Report to the Danish Government on the visit to Denmark carried out by the European Committee
for the Prevention of Torture (CPT) from 3–12 April 2019, CPT/Inf (2019)35, paras. 35–37.
256 Factsheet, op. cit., note 5; Questionnaire responses from APADOR-CH (Romania), Public Verdict
Foundation (Russia) and Golos Svobody (Kyrgyzstan) (2019)
257 DIGNITY, REDRESS, ACAT, IRCT APT, CCPR, University of Bristol Human Rights Implementation
Centre, “Joint Submission to the United Nations Human Rights Committee Comments on
Draft General Comment No. 35 on Article 9 of the International Covenant on Civil and Political
Rights”,(2014); Sussex Law School Human Rights Law Clinic, “The abusive use of pre-trial detention as a form of torture or ill-treatment”, (2018).
258 Council of Europe: Committee for the Prevention of Torture, Report to the Swedish Government
on the visit to Sweden carried out by the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT) from 18 to 28 May 2015, 17 February
2016, CPT/Inf (2016) 1, para 52.
259 Ibid.
72
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