CAT/OP/ARM/2
52.
The Subcommittee noted that on several occasions interviewers focused on the
background of the reason for the detention and on individual complaints and that they then
attempted to address those reasons or provide recommendations. Although the intention is
laudable, this is not the primary mandate of the national preventive mechanism; the
Subcommittee recalls that the mandate of the mechanism is characterized by its preventive
approach and that the objectives of mechanism members are to identify patterns and detect
systemic issues that place detainees at risk of torture.
53.
The Subcommittee recalls that the mandate of the national preventive
mechanism is characterized by its preventive approach and that the objectives of
mechanism members are to identify patterns and detect systemic issues that place
detainees at risk of torture. The members of the mechanism team should advise
detainees on how to formulate individual complaints and to whom they should address
them and should seek to ensure the effectiveness of the complaints mechanism as a
means of prevention.
3.
Follow-up to visits
Reprisals
54.
The Subcommittee highlights the need to better protect interviewed persons against
possible reprisals. While in Armenia, the Subcommittee noticed that visiting teams did not
mention to the authorities of the institutions at the final debriefing that any form of
intimidation or reprisal against persons deprived of their liberty constituted a violation of
the State party’s obligations. It would have been particularly important to do so given that
some interviews were not conducted in a completely confidential manner and that some
interviewees were reluctant to speak out.
55.
The Subcommittee recommends that the national preventive mechanism
strengthen the protection from intimidation, sanctions or reprisals of persons whom it
interviewed or met with by, inter alia, conducting follow-up visits and contacting
family members. It should clearly warn the authorities of the visited detention
facilities that any kind of reprisal is inadmissible and will be reported and sanctioned.
The mechanism needs to adopt a strategy for dealing with reprisals and the threat of
reprisals.
Debriefing the authorities
56.
The Subcommittee noted that, although the authorities were briefed after the visits,
the briefings were not conducive to resolving the issues identified, some of which were not
directly relevant to the mandate of the national preventive mechanism. In addition, while
some interviewees did not accept to be interviewed or provided evasive replies on some
matters, the mechanism members did not mention to the authorities of the institutions at the
final meeting that any form of intimidation or reprisal against persons deprived of their
liberty constituted a violation of the State party’s obligations.
57.
The Subcommittee recommends that constructive debriefings be provided
systematically to the persons responsible for the facilities visited, presenting
preliminary observations and recommendations. Emphasis should be placed on
feedback that calls for immediate action or is of a humanitarian nature. As a
preventive measure, the possibility of reprisal should be systematically mentioned.
Reports
58.
While in Armenia, the Subcommittee noted that there was no policy in place
regarding the post-visit reporting to the authorities or the systematic transmittal of and
9