tion, the Court reiterated its position in the Aksoy case and concluded that there had also been a violation of article 13. The Court considered that: (not the Committee) may decide to publish both the reports and the answers. So far, nearly all the States parties have made public both reports and answers. Where an individual has an arguable claim that he has been ill-treated in breach of Article 3, the notion of an effective remedy entails, in addition to a thorough and effective investigation of the kind as also required by Article 3 . . . , effective access for the complainant to the investigatory procedure and payment of compensation where appropriate.41 42. In the course of its activities over the past 10 years, the Committee has gradually developed a set of criteria for the treatment of persons held in custody that constitutes general standards. These standards deal not only with the material conditions but also with procedural safeguards. For example, three safeguards advocated by the Committee for persons held in police custody are: 3. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (a) The right of a person deprived of liberty, if he or she so desires, to inform immediately a third party (family member) of the arrest; 39. In 1987, the Council of Europe adopted the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which entered into force on 1 February 1989.42 By 1 March 1999, all 40 member States of the Council of Europe had ratified the Convention. This Convention complements the judicial mechanism of the European Convention on Human Rights with a preventive mechanism. The Convention intentionally does not create substantive norms. The Convention established the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, consisting of one member per member State. The members elected to the Committee should be of high moral standard, impartial, independent and also available to carry out field missions. (b) The right of a person deprived of liberty to have immediate access to a lawyer; (c) The right of a person deprived of liberty to have access to a physician, including, if he or she so wishes, a physician of his or her own choice. 43. Furthermore, the Committee has stressed repeatedly that one of the most effective means of preventing illtreatment by law enforcement officials lies in the diligent examination by competent authorities of all complaints of such treatment brought before them and, where appropriate, the imposition of a suitable penalty. This has a strong dissuasive effect. 40. The Committee carries out visits to member States of the Council of Europe, partially on a regular periodic basis and partially on an ad hoc basis. A visiting delegation of the Committee consists of members of the Committee, accompanying experts in the medical, legal or other fields, interpreters and members of the secretariat. These delegations visit persons deprived of their liberty by the authorities of the country visited.43 The powers of each visiting delegation are quite vast: it may visit any place where persons are held deprived of their liberty; make unannounced visits to any such place; repeat visits to these places; talk to persons deprived of their liberty in private; visit any or all persons it chooses to in these places; and see all premises (not only cell areas) without restrictions. The delegation can have access to all papers and files concerning the persons visited. The entire work of the Committee is based on confidentiality and cooperation. 4. The African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights 44. In comparison with the European and interAmerican systems, Africa does not have a convention on torture and its prevention. The question of torture is examined on the same level as are other human rights violations. The question of torture is dealt with primarily in the African Charter of Human and Peoples’ Rights, which was adopted by the Organization of African Unity on 27 June 1981 and which entered into force on 21 October 1986.44 Article 5 of the African Charter states: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. 41. After a visit, the Committee writes a report. Based on the facts observed during the visit, the report comments on the conditions found, makes concrete recommendations and asks any questions that need further clarification. The State party answers the report in writing and thereby establishes a dialogue between the Committee and the State party, which continues until the following visit. The Committee’s reports and the State party’s answers are confidential documents, but the State party 45. In accordance with article 30 of the African Charter, the African Commission on Human and Peoples’ Rights was established in June 1987 and was charged “to promote human and peoples’ rights and ensure their protection in Africa”. In its periodic sessions, the Commission has passed several country resolutions on matters concerning human rights in Africa, some of which have dealt with torture, among other violations. In some of its country resolutions, the Commission raised concerns about the degradation of human rights situations, including the practice of torture. 41 Ibid., para. 117. European Treaty Series, No. 126. 43 A person deprived of liberty is any person deprived of liberty by a public authority, such as, but not exclusively, persons arrested or in any form of detention, prisoners awaiting trial, sentenced prisoners and persons involuntarily confined to psychiatric hospitals. 42 44 Organization of African Unity, document CAB/LEG/67/3, Rev. 5, 21, International Legal Materials, 58 (1982). 9