observed. A concrete measure that may
usefully be taken in this context is to
adopt a rule prohibiting the management
and staf of establishments from recording the names of persons interviewed
by the Committee. Moreover, places
identifed as presenting a higher risk of
intimidation or retaliatory action must
be the subject of increased attention and
more frequent independent monitoring.
Where appropriate, the reassignment of
members of staf to other duties or the
transfer of potential victims of reprisals,
with their consent, to other establishments where their safety would be better
guaranteed, should also be considered.
In addition, decisive action must be taken
to ensure that all staf working in places
of detention understand that any form
of intimidation against a detained person with a view to preventing him or
her from communicating, or any retaliatory action for having communicated
with the CPT (or any other monitoring
bodies active in preventing and combating torture) will be severely punished.
The range of penalties at the disposal
of the competent authorities should be
as broad as possible. The introduction
of specifc ofences in law might also
be a useful tool. In this connection, the
Committee noted with interest the adoption in France of a new law introducing
specifc penalties (i.e. heavy fnes and
imprisonment) for hampering the work
of the NPM by using threats or other
means (such as sanctioning a person
on the sole ground of having entered
into contact with the NPM or of having
provided information to the latter) and
monitoring confdential communications
between detained persons and the NPM.6
In particular in countries where the phenomena of intimidation and reprisals
have been recurrent, as demonstrated
in the Committee’s reports, the adoption of similar legal provisions that are
applicable both to the NPM and to international monitoring bodies (such as the
CPT) should be considered.
Finally, in order for penalties and other
measures to have a strong deterrent
efect, appropriate complaints procedures must be in place. The competent
authorities must also be – and be seen
to be – determined to carry out an efective investigation into every potential
case of intimidation or reprisal against
a detained person. Everything possible
should be done, in the context of such
investigations, to counter the risk of further intimidation and protect witnesses
and “whistle-blowers”.
6. See Law No. 2014-528 of 26 May 2014 amending Law No. 2007-1545 of 30 October 2007
establishing the General Controller of Places
of Deprivation of Liberty.
The phenomena of intimidation and reprisals: a major challenge for the CPT’s work ► Page 23
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