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).
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