The phenomena of
intimidation and reprisals:
a major challenge
for the CPT’s work
41. Over the 25 years of its existence,
the CPT, like other anti-torture bodies, has
on occasion faced attempts to hamper
its work through the targeting of those
very persons whose situation it is meant
to improve. Paradoxically, the more its
work is perceived as effective, the more
detained persons may be at risk of intimidation before or during visits or reprisals
after visits. The CPT has observed a direct
correlation between the prevalence of
ill-treatment in a given place and the
risks of intimidation and reprisals inmates
actually face. It is also clear that a potential victim of ill-treatment who has little
or no opportunity to seek redress faces
greater risks of intimidation or retaliatory
action when entering into direct contact
with the CPT.
42. The phenomena of intimidation and
reprisals have been encountered in different types of establishments (i.e. police
detention facilities, prisons, detention
centres for foreigners, psychiatric establishments), and have been described by
the CPT in the published reports on its
visits to a number of countries, including
Armenia, Azerbaijan, Bulgaria, Greece,
Hungary, the Republic of Moldova, the
Russian Federation, Spain, “the former
Yugoslav Republic of Macedonia” and
Ukraine. The CPT has come across various
forms of threats or action, such as undue
restrictions on basic entitlements, solitary
confinement for fabricated disciplinary or
security reasons, transfer or placement in
less favourable conditions of detention,
withdrawal of support for (early) release,
and assaults or other ill-treatment by or
at the instigation of public officials. This
phenomenon can affect a large group of
inmates at a time, in the form of collective intimidation or punishment, include
direct pressure on relatives or concern
members of staff suspected of having
revealed information about reprehensible behaviour by colleagues.
43. Despite understandable fears of
reprisal, many detained persons interviewed by CPT delegations during visits
have shown considerable courage in
describing the reality of what has happened to them. By doing so, they have
enormously helped the Committee to
obtain significant results in preventing
and combating torture and other forms
of ill-treatment in places of deprivation
of liberty, sometimes at great cost to
themselves. They should never be left
without protection and their contribution should be positively recognised by
the national authorities.
Likewise, public officials who have acted
as “whistle-blowers” during CPT visits
should also be strongly supported and
protected.
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