strengthening the forces at work for the
prevention of torture and other forms of
ill-treatment. The CPT is also very pleased
to note that, within the Council of Europe,
the European Court of Human Rights
makes increasing reference in its judgments to both the Committee’s standards and the specifc fndings in its visit
reports.
Nevertheless, the work of the CPT has not
been immune to the increased instability
in Europe and the economic crisis. Across
the continent, austerity measures have
been adopted which can be prejudicial
to the vulnerable population that persons
deprived of their liberty represent, and
in particular as regards the conditions
under which they are held.
As already signalled in the 19th General
Report, there are particular problems
posed by unresolved confict zones,
geographical areas where the CPT
encounters difculties in exercising its
mandate or is even prevented from doing
so. These problems not only persist but
even seem to be spreading. There is a
clear need to redouble eforts to enable
the Committee to carry out its monitoring role unimpeded in all such areas. The
principle of co-operation enshrined in
the Convention should form the basis
for fnding, in good faith, solutions with
the member states concerned, in the
sole interest of upholding the protection of individuals against all forms of
ill-treatment.
Large numbers of irregular migrants
arrive in Europe every year. Without
minimising the challenges this poses
for receiving countries, it is a fact that the
treatment of foreign nationals deprived
of their liberty under aliens legislation
in certain parts of Europe is not acceptable, leading to situations that CPT
reports have described as inhuman and
degrading.
General Report of the CPT, 2013-2014 ► Page 6
Another, more general, issue should be
mentioned here. It is a matter of concern to the Committee that, in respect of
several states parties, it has been obliged
to repeat recommendations made in the
context of earlier visits, having found
no signifcant improvement or, in some
cases, even a worsening of the situation.
In the same vein, the responses of some
states parties limit themselves to merely
invoking the domestic legislative framework, whereas the CPT’s recommendations in question pointed to the need for
practical improvements, policy changes
or even the amendment of legislation.
Clearly, the efectiveness of a preventive
mechanism based on facts found during visits will depend very much on cooperation and meaningful dialogue with
the states parties concerned. Fortunately,
there are numerous examples of precisely
that: of states parties taking CPT reports
seriously and implementing concrete
measures to remedy the problems found.
Like other monitoring bodies, national or
international, the CPT has also encountered situations where detained persons
faced intimidation or retaliatory action
on the part of the authorities before
or after these persons were in contact
with the CPT. Any such action is clearly
incompatible with the obligations of the
states parties under the Convention and
strikes at the very heart of the preventive mechanism which the Committee
embodies. This General Report contains
a statement setting out the CPT’s position on the phenomena of intimidation
and reprisals.
Co-operation with the national authorities is central to the Convention, since
the aim is to strengthen the protection of
persons deprived of their liberty from illtreatment rather than to condemn states
for abuses. Reports that are issued by the
Committee are the starting point for an