Appendices
1. The CPT’s mandate and modus operandi
The European Committee for the
Prevention of Torture and Inhuman or
Degrading Treatment or Punishment
(CPT) was set up under the 1987 Council
of Europe Convention of the same name
(hereinafter “the Convention”). According
to Article 1 of the Convention:
“There shall be established a European
Committee for the Prevention of Torture
and Inhuman or Degrading Treatment
or Punishment... The Committee shall, by
means of visits, examine the treatment of
persons deprived of their liberty with a
view to strengthening, if necessary, the
protection of such persons from torture
and from inhuman or degrading treatment
or punishment.”
The work of the CPT is designed to be an
integrated part of the Council of Europe
system for the protection of human rights,
placing a proactive non-judicial mechanism alongside the existing reactive judicial mechanism of the European Court of
Human Rights.
The CPT implements its essentially preventive function through two kinds of visits
– periodic and ad hoc. Periodic visits are
carried out to all Parties to the Convention
on a regular basis. Ad hoc visits are organised in these States when they appear
to the Committee “to be required in the
circumstances”.
When carrying out a visit, the CPT enjoys
extensive powers under the Convention:
access to the territory of the State concerned and the right to travel without restriction; unlimited access to any place
where persons are deprived of their liberty,
including the right to move inside such
places without restriction; access to full
information on places where persons
deprived of their liberty are being held,
as well as to other information available
to the State which is necessary for the
Committee to carry out its task.
The Committee is also entitled to interview
in private persons deprived of their liberty
and to communicate freely with anyone
whom it believes can supply relevant
information.
Each Party to the Convention must permit visits to any place within its jurisdiction “where persons are deprived of their
liberty by a public authority”. The CPT’s
mandate thus extends beyond prisons and
police stations to encompass, for example,
psychiatric institutions, detention areas
at military barracks, holding centres for
asylum seekers or other categories of foreigners, and places in which young persons
may be deprived of their liberty by judicial
or administrative order.
Two fundamental principles govern relations between the CPT and Parties to the
Convention – co-operation and confdentiality. In this respect, it should be emphasised that the role of the Committee is not
to condemn States, but rather to assist
them to prevent the ill-treatment of persons deprived of their liberty.
After each visit, the CPT draws up a report
which sets out its fndings and includes,
if necessary, recommendations and other
advice, on the basis of which a dialogue
is developed with the State concerned.
The Committee’s visit report is, in principle, confdential; however, most of the
reports are eventually published at the
State’s request.
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