44. Intimidation or retaliatory action
against a detained person for seeking
to communicate or for having communicated with the CPT may not only
violate the human rights of such persons, but it also strikes, in all cases, at the
very heart of the preventive mechanism
embodied by the Committee. It is without any doubt one of the most serious
failures of co-operation under Article 3
of the Convention establishing the CPT.4
In this context, the Committee and its
delegations have made a point of placing the responsibility for preventing any
act of reprisal after visits on the national
authorities. On many occasions, the CPT
has made it clear that any intimidation
or retaliatory action against a detained
person before or after contact with one
of its delegations may also result in the
Committee exercising its power to make
a public statement under Article 10, paragraph 2, of the Convention.
45. Ukraine ofers a powerful illustration of success stories but also of failures
in addressing the issue. The Ukrainian
authorities have shown that, with determination and constant vigilance, including from the highest political level, much
can be achieved. Regrettably, the CPT’s
fndings have also shown that, on a number of occasions, detained persons have
had to sufer intimidation or reprisals,
sometimes in their most severe forms. By
way of example, a Committee delegation
4. In the majority of the states parties to the
Convention, any such action in relation to
communications with the Subcommittee
on Prevention of Torture and other Cruel,
Inhuman or Degrading Treatment or
Punishment (SPT) or the National Preventive
Mechanism (NPM) established under the
Optional Protocol of the United Nations
Convention against Torture and other
Cruel, Inhuman or Degrading Treatment
or Punishment (OPCAT) would also constitute a breach of international obligations
(cf. Articles 15 and 21 (1) of the OPCAT).
General Report of the CPT, 2013-2014 ► Page 22
was struck by the testimony of a prisoner it met for the second time in late
2012. He had allegedly been subjected
to severe beatings after a previous visit
to the establishment and been made to
shout to other inmates – while blows
were being inficted upon him – that he
would never again complain to the CPT.
Due to the seriousness and prevalence
of the problem, the Committee decided
in March 2013 to open the procedure
enabling it to make a public statement in
relation to this matter. Ukraine has since
remained under close scrutiny.
46. The CPT is doing its utmost to
reduce the risks of intimidation and reprisals, including by interviewing detained
persons in private (as provided for in
Article 8, paragraph 3, of the Convention).
In the Committee’s view, it is essential
that, when carrying out their tasks, all
international and national monitoring
bodies should, as far as possible, interact with each other, to ensure that no
cases of intimidation or reprisal are left
undetected.5 However, they may well
be fghting a losing battle if not all the
relevant authorities are committed to
taking efective action, through combining preventive, dissuasive and repressive
measures.
In particular, it must be made clear to
all staf working in places of detention
that the highest authorities will remain
vigilant to ensure that every person who
wishes to communicate or has communicated with the Committee will not be
subjected to any kind of intimidation or
reprisals and that the confdentiality of
any such communication will be strictly
5. See the “public statement” issued by the
Association for the Prevention of Torture
(APT) on 6 February 2014 and the briefng
paper published by the APT on this matter
(for further details, see the APT’s website:
http://www.apt.ch).
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