CAT/C/54/2
actions planned and agreed. Country rapporteurships within regional teams have been
redistributed; those changes can be viewed on the Subcommittee’s webpage.
4.
Development of Subcommittee position papers and comments on substantive issues
55.
The following subsections provide summaries of work on particular issues
developed through the working group on jurisprudence and thematic issues. The issues will
be developed further and, as in previous years, the Subcommittee welcomes comments and
contributions to assist it in that development.
(a)
Relationship between torture and the transfer and relocation of prisoners
56.
The Subcommittee has observed that prisoners, both those on remand and those
convicted, are transferred to different cells or wards of the same prison, or are relocated to
other prisons, either as a group or individually by State authorities. The latter assert that
such action is necessary for, among others, the following purposes: implementing
disciplinary measures; ensuring the security of the prisoner and his or her protection from
the other inmates; the provision of individualized treatment programmes specific to the
prisoner; and the classification of prisoners with regard to their criminal record and history.
Such action also may be necessary owing to a lack of resources or the overpopulation of the
detention facility.
57.
While a transfer or relocation of prisoners per se is not considered to be a wrongful
act of the prison administration when practiced under good governance, where such
decisions are made arbitrarily or disproportionately, or for political reasons, such an act can
be considered as an illegal, extrajudicial form of administrative punishment. In addition,
such transfers or relocations may amount to or lead to ill-treatment, with a wide range of
consequences for the inmates, their families and, at times, the community. Therefore it is
imperative that the decision to transfer or relocate be made in a transparent manner, where
the decision can be appealed, or that the decision is made by an independent, competent
authority or under judicial control.
58.
The Subcommittee seeks to analyse its experiences in different countries, with a
view to exploring the prevailing practices in relation to the transfer and relocation of
detainees, and to assessing the limits and safeguards that are currently available, and those
that should be available, to deem the decision to transfer or relocate detainees just,
reasonable and lawful.
(b)
Relationship between discrimination and the prevention of torture, with a focus on
women and lesbian, gay, bisexual, transgender and intersex persons
59.
During its visits, the Subcommittee has found specific situations that are related to
persons deprived of liberty being members of historically discriminated-against
populations, communities and groups. The Subcommittee believes that the principle of
equality and non-discrimination not only results in the prohibition of different treatment
when it is arbitrary and imposes disadvantages to a person or group of persons limiting or
annulling their human rights, but also implies the obligation to establish differentiated
measures when those are reasonable, necessary and proportional, precisely in order to
guarantee human rights.
60.
The Subcommittee is convinced that strengthening the protection of people deprived
of their liberty and the full respect for their human rights is inextricably related to the
identification of forms of discrimination and the resulting legislative, administrative and
judicial measures.
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